BIBEK CHAUDHURI, J. - (1.) The appellants being aggrieved against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Kalyani, Nadia for offence punishable under Sections 498A/34 of the Indian Penal Code and under Sections 304B/34 of the Indian Penal Code have preferred the instant appeal.
(2.) One Rasmita Ghosh, since deceased had love affair with one Rabi Sashi Pandit during their college days. In the month of May, 2008 Rasmita married Rabi Sashi against the consent and wish of her parents. After marriage both Rasmita and Rabi Sashi used to live at the paternal home of Rabi Sashi. On 27th September, 2009 one Hitendranath Ghosh, father of Rasmita lodged a written complaint to the Officer-in-Charge Chakdaha Police Station stating, inter alia, that after the marriage, Rasmita was mentally and physically tortured by her parents-in-law and sister-in-law on demand of dowry. Whenever she visited her paternal home she used to make such complain to her parents. On 26th September, 2009 at about 5.15 pm the defacto complainant received a phone call from one Pranab Banerjee and came to know that his daughter had met with an accident and was admitted to JNM Hospital at Kalyani. Immediately he rushed to the hospital and found his daughter severely burnt. On being asked, she told that her father-in-law, mother-in-law and sister-in-law poured kerosene oil on her body at about 2.30 pm from a lamp and set her in fire intending to kill her. It was also stated in the FIR that when she was taken to hospital, her matrimonial relations forced her to make a false statement before the Medical Officer that she caught fire accidentally when a kerosene lamp tumbled on a table. On 27th September, 2009 at about 1.30 am she succumbed to her injuries.
(3.) On the basis of the said complaint police recorded formal FIR being Chakdaha P.S Case No.534 of 2009 dated 27th September, 2009 under Section 498A/302/34 IPC and took up the case for investigation.;