- (1.) This appeal arose out of judgment and order of conviction dated 18.06.2012 & 19.06.2012 passed by learned Additional Sessions Judge, Fourth Court, Nadia in Sessions Trial No. 11(4) of 2011 arising out of Sessions Case No. 71(04) of 2010 and thereby convicting the appellants for commission of offence punishable under sections 498A/ 306 of the Indian Penal Code. In the background of this appeal, the fact in a nutshell is as follows:-- On 11.12.2008, the de facto complainant, Subhas Das lodged a written complaint against appellants with the Officer-in-charge, Dhubvulia Police Station, Nadia to the effect that his sister, Fulkali Das was married to Tapan Das and ever since her marriage, Tapan Das used to torture her and kept her in pain. He also stated on two or three instances Tapan Das drove away his sister from his house after beating. Further he stated that his sister stated to him that her husband, Tapan Das had an illicit affair with one Sheila Majumdar, wife of Haradhan Majumdar of village Tantla. In order to maintain the illicit relationship her husband, Tapan Das often used to torture Fulkali. He also stated that Fulkali had some problem with Shila Majumdar. He stated that last night at about 11.00 P.M. Fulkalui was strangulated to death by her husband Tapan Das, Haradhan Majumdar, Kamala Das and Karuna Das. He stated that Fulkali was frequently tortured by them and their torture finally put an end to her life. The de facto complainant also stated that they paid a dowry of Rs. 50,000/- and about three bhoris of gold ornaments to his sister during her marriage. He also stated that they also paid Rs. 20,000/- to his sister's husband for constructing a pucca house.
(2.) On investigation police submitted charge-sheet under section 498A/ 302/ 34 of the Indian Penal Code against the accused persons.
(3.) The case was committed to the learned Court of Sessions by the learned Magistrate.;