Kanchan Chakraborty, J. - (1.) This appeal is directed against the judgment and order dated 13.12.2007 passed by the learned Additional Sessions Judge, Fast Court, Suri, Birbhum in Sessions Case No. 48 of 1997 thereby convicting the appellant, namely, Dukhaharan Mondal to suffer Rigorous Imprisonment for 3 years for the offence punishable under Section 498A of the Indian Penal Code and R.l. for seven years for the offence punishable under Section 306 of I.P.C., the appellant Anonga Mondal and Gouranga Mondal to suffer rigorous imprisonment for a period of two years for offence punishable under Section 498A of the I.P.C. and R.l. for 4 years for the offence punishable under Section 306 of the I.P.C. and Gouribala Mondal to suffer simple imprisonment for 3 months each for the offence punishable under Sections 498A/306 of the Indian Penal Code.
(2.) On 29.12.1987 one Rabindranath Saha lodged one F.I.R. in Nanoor Police Station stating therein that marriage of his elder sister Smt. Chanchala Mondal had taken place with appellant Dukhaharan Mondal about three years ago and in their wedlock, one daughter was born. The appellant Dukhaharan Mondal and his inmates i.e., the other appellant, created pressure on Chanchala Mondal for getting some landed properties transferred in their names and on her failure to do that, she was subjected to cruelty. Efforts were made by the local people to settle the matter and it was decided that some landed properties would be given to Chanchala. Despite the fact of settlement, the appellants subjected her to physical and mental torture. On 25.12.1987, Rabindranath came to know that her sister Chanchala was hospitalised. On 28.12.1987, he came to know that Chanchala expired. On receiving such information, he along with Ram Hari Ankura had been to the village of the appellants and came to know that Chanchala died on 22.12.1987. Rabindra Nath claimed that his elder sister Chanchala could not bear torture on her inflicted by the appellants and committed suicide.
(3.) On the basis of said F.I.R., Nanoor Case No. 12/122 dated 22.12.1987 was started. On conclusion of investigation, charge-sheet was filed against all the appellants. They were arrayed to face the charges under Sections 498A and 306 of I.P.C. to which they pleaded innocence. Accordingly, the trial commenced. The learned Trial Court, upon consideration of the evidence on record, oral and documentary, came to a findings that the prosecution brought home the charges against all the appellants and, as such, their conviction and sentence was recorded which has been impugned in this appeal on the following grounds:- (a) That the learned Trial Court failed to appreciate the evidence in proper perspective; (b) That the learned Trial Court failed to take into consideration that the death of the victim is not a dowry death as envisaged in Section 306 of I.P.C and that the alleged cruelty does come within the purview of cruelty within the meaning of Section 498A of IPC; and (c) That the learned Court erred in coming to a conclusion that the victim was subjected to physical torture and mental torture and that the judgment being otherwise bad in law, is liable to be set aside;