Toufique Uddin, J. - (1.) THIS appeal arose out of judgment and order of conviction dated 16.09.2008 and 18.09.2008 passed by learned Additional District & Sessions Judge, Fast Track Court, Khatra, Bankura in Sessions Trial No. 2(9)/2005 arising out of Sessions Case No. 14(6)/2010 convicting the appellants under Sections 498A/304B/34 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5,000/ - each, with default clause. In the background of this appeal, the fact in a nutshell is as follows: - A FIR was lodged by the complainant, namely Nirmal Kumar Karak, the father of the victim, to the extent that his daughter Siuli married to one Sanjib Mallick on 22nd Aghrayan, 1409 B.S. and a cash of Rs. 1,00,000/ -, 6 voris of golden ornaments and other articles were given as dowry in that marriage. After marriage, his son -in -law and the mother of his son -in -law were demanding more dowry of Rs. 1,00,000/ - for the purpose of purchasing one 'Trekker'. The demand could not be fulfilled. So the accused persons inflicted torture upon his daughter. Hearing the news of such torture, the complainant went to her daughter's house when her daughter cried and told her father that her husband wanted Rs. 1,00,000/ - for purchasing a 'Trekker'. But the complainant expressed his inability. On 22.04.2003 both the accused persons assaulted his daughter and drove her out from their house. At that time she was pregnant and they gave ultimatum that unless she brought the money, she would not be allowed to enter the house. In the meantime, she was treated by Doctor but the child died. After she returned to her in -law's house, torture started upon her and on 23.09.2003, when her 'Mama' went to bring her on the eve of 'Durga Puja', the accused persons did not send her. On that very particular date i.e. 23.09.2003 at about 06.00/07.00 p.m. her husband and mother -in -law split kerosene oil upon her person and set her on fire. Then her husband Sanjib brought her to Jhargram Hospital. Receiving that information, the complainant and some others went to Jhargram Hospital and saw the victim was almost burnt. Thereafter, she was referred to NRS Medical College and Hospital and on the way to that Hospital, she disclosed that her husband and mother -in -law split kerosene oil upon her and set her on fire. Another allegation brought by the complainant is that without going to NRS Hospital, his son -in -law brought her to 'Sherwood' Nursing Home and on 25.09.2003 they again shifted the victim to 'Saviour' Nursing Home. Subsequently, she died on 01.10.2003.
(2.) A complaint was lodged. After investigation police submitted charge -sheet. The case was committed to the Court of Sessions by the learned Magistrate. Thereafter the learned Trial Court on hearing of both sides framed charge under Sections 498A/304B of the Indian Penal Code against the present appellants. The contents of the charges were read over and explained to the accused persons who pleaded not guilty and claimed to be tried. To contest this case, the prosecution examined as many as 20 witnesses while none was examined from the side of the defence.
(3.) THE accused persons were examined under Section 313 of the Code of Criminal Procedure. The defence case as appeared from the trend of cross -examination of the witnesses and the replies given by the accused persons at the time of examination under Section 313 of the Code of Criminal Procedure is denial of offence with a plea of innocence.;