- (1.) This Appeal is directed against the Judgment and Order dated 30.7.2008 and 31.7.2008 passed by Sri Arup Basu, Additional Sessions Judge, Fast Track Court No. 5, Barrackpore, North 24 Parganas in Sessions Trial No. 04(09)/07 arising out of Sessions Case No. 04 (07) (07) whereby and whereunder the Appellants were convicted under Sections 498A and 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with fine of Rs. 5,000/- for each and in default, to suffer further R.I. for three more months under Section 498A and rigorous imprisonment for life for the offence under Section 304B IPC. It was further directed that 50% of the fine amount was to be paid to the Complainant by way of compensation under Section 357 Cr. P.C.
(2.) On 1.8.2006, one Smt. Malati Saha, wife of Kanai Saha made a written report before the Officer-in-charge, Bizpur police station, North 24 Parganas in relation to an occurrence said to have taken place on the same day at a time not mentioned wherein, she made allegations in the following manner against (i) Debasish Podder, son of Bidhu Bhusan Poddar; (ii) Bidhu Bhusan Poddar (father-in-law); (iii) Smt. Sadhana Poddar (mother-in-law); (iv) Smt. Babli Ghosh, wife of Tutu Ghosh (sister-in-law); (v) Chandana Saha, wife of Uttam Saha (sister-in-law); (vi) Tutu Ghosh and (vii) Uttam Saha. It was alleged that the Complainant s daughter, Kakali Poddar (nee Saha) had been married to Debasish Poddar (Accused No. 1) in the year 2002 as per Hindu rites and customs. It was alleged that two months after the marriage, the complainant was informed by two persons that her son-in-law, Debasish Poddar, was already married prior to the wedding with her daughter. When the complainant asked Kakali Poddar about this, she also stated that this was true and that the earlier wife also had a baby. The Complainant alleged that this fact was concealed totally at the time of marriage from her daughter and therefore, conjugal right became disrupted. It was further alleged that the accused persons started mentally and physically assaulting her daughter. It was alleged that when her daughter came to their house, she informed her as well as neighbors about such assault. It was also alleged that the accused persons used to tell her you die, there is no need to alive like such a girl and if you die we shall arrange another marriage for Debasish (quoted from page 2 of the paper book). It was further alleged that thereafter, the Complainant lodged a Diary with the Jagaddal Police Station informing them about such facts and the said Diary was numbered in the Jagaddal P.S. as GDE No. 1718 dated 21.3.2006.
(3.) It was alleged that on 1.8.2006 at about 7.30 P.M. the complainant came to learn that her daughter and Labony had died. On going to the marital home, she came to learn that death was due to strangulation by a chord around the neck and when they wanted to see dead body, they were informed that it had already been taken to the local police station. The complainant then went to the police station and saw the dead bodies.;