- (1.) This appeal is directed against a judgment dated 15th , May,2006 passed in the Sessions Case No. 142 of 2001 corresponding to Sessions Trial No. 7 of 2005 by the learned Additional District Sessions Judge, Fast Track Court, Durgapur in connection with Andal P.S. Case No. 24 of 1997 dated 16th February, 1997 by which the learned Trial Court convicted the appellants of an offence punishable under Section 498A/302 of the Indian Penal Code read with Section 34 thereof. By an order dated 16th May, 2006 the appellants were sentenced to rigorous imprisonment for 2 years as also to pay a fine of Rs. 1,000/- each in default to suffer simple imprisonment for 2 months for the offence punishable under Section 498A of the Indian Penal Code. They were also sentenced to imprisonment for life as also to pay a fine of Rs. 5,000/- each in default to suffer further simple imprisonment for a period of 6 months for the offence punishable under Section 302 read with Section 34 thereof.
(2.) The prosecution case briefly stated is as follows:- On 13th June, 1992 Kabita @ Sabita was given in marriage to Sarat according to Hindu rites. Almost after a month from the marriage she was tortured at her matrimonial home. The near relations of Kabita were also ill treated by her husband and his relations. There was illicit relationship between her husband and the accused Sandhya. As a result greater part of the married life was spent by Kabita at her paternal house. Immediately after Bhaiphota in the year 1996 she finally came back to her father s house.
(3.) Thereafter her father lodged a complaint with the S.D.O. The S.D.O in his turn issued summons to her husband Sarat. Before the S.D.O the husband submitted a written undertaking that he shall not in future misbehave with his wife nor shall any of his relations misbehave with her. Based on this undertaking on 4th February, 1997 she returned to her matrimonial house. She suffered a severe burn injury in the night of 15th /16th February, 1997. She was hospitalised by the neighbours and the husband. In the morning of 17th February the near relations of Kabita got the information and rushed to the hospital. They came to know from Kabita that her husband, sister-in-law, nephews and the husband of the said sister-in-law had jointly poured kerosene oil on her body and ignited her. A written complaint was lodged on 16th February, 1997at 12.15 hrs. On the basis thereof a case under Section 498A, 326/307 read with Section 34 of the Indian Penal Code was started. Case history was recorded by the attending doctor on 16th February, 1997 itself. A dying declaration was recorded by an Executive Magistrate on 17th February, 1997 at 12 noon. After prolonged struggle she died on 26th February, 1997.;