N.C.Sil, J. - (1.)This appeal was directed against the judgment and order of conviction dated 18.12.1990 under section 498A and 304B of the Indian Penal Code passed by Sri R.B. Roy, learned Additional Sessions Judge, First Court, Midnapore whereby he was pleased to sentence both the appellants to suffer rigorous imprisonment for a term of two years and to pay a fine of Rs. 2000/- each, in default, to suffer rigorous imprisonment for six months more for the offence under section 498A and to suffer life imprisonment and also to pay a fine of Rs. 5000/- each, in default rigorous imprisonment for two years for the offence under section 304B IPC.
(2.)The fact of the prosecution case in brief is that the victim Rinarani Darbar, daughter of Prafulla Kumar Jana, the informant was married with the appellant Gopal Darbar on 28th Falgoon, 1393 B.S. It was agreed upon at the time of marriage that Prafulla would pay a sum of Rs. 9,000/- to the appellant Gopal as dowry and out of the said amount a sum of Rs. 4,500/- was paid to Gopal. It was further agreed upon that the balance sum of Rs. 4,500/- would be paid within one year of the marriage. It was alleged that Gopal perpetrated torture upon Rinarani and also assaulted her being inebriated for non-payment of the balance amount of dowry. It was also alleged that other appellant Suradhani, the mother of Gopal also used to torture Rinarani for non-payment of the balance amount of dowry. Rina used to narrate such torture to her parents and the other members of her parents' family. In the month of Bhadra 1394 B.S. Rina once came to her father's house and narrated the incident of such torture for non-payment of the balance amount of dowry. Rina also told at that time that Suradhani instigated Gopal to kill her. However, Prafulla and his sister Kamala took Rina on that occasion to the house of Gopal and requested Gopal not to persist in such torture and assured him that the balance amount of dowry would be paid. However, on 3rd Aswin, 1394 B.S. Rina died and on the next day Prafulla got the information of such death and immediately he went to the house of Gopal when he found mark of blood on the mouth, nostril and eyes. He also noticed black mark of assault by rod on her right cheek. Thereafter Prafulla lodged written complaint with Daspur Police Station. The police took up the investigation and submitted chargesheet under section 498A and 304B of the Indian Penal Code.
(3.)It appears from the record that the learned trial Judge framed the charge against both the appellants under sections 498A and 304B/34 of the Indian Penal Code when the appellants as accused persons pleaded not guilty and claimed to be tried.
;