- (1.) This appeal arose out of judgment and order dated 20.5.1999 passed by the learned Additional Sessions Judge, 4th Court, Nadia in Sessions Case No. 12 of June 1993 convicting thereby the appellants under section 498A/304B of the Indian Penal Code and sentencing them to suffer imprisonment for seven years for the offence under Section 304B of the Indian Penal Code and to suffer rigorous imprisonment for one year and to pay fine of L 1,000/- each in default to suffer further rigorous imprisonment for three months for the offence under Section 498A of the Indian Penal Code.
(2.) During pendency of the appeal, Jamini Mahaldar, the appellant No. 4 died and as such the case against him stands abated. In the background of this appeal, the fact in a nutshell is as follows: (i) The first daughter of the complainant viz., Sulekha was married to accused no. 1 Sukumar in the last part of Falgoon 1396 B.S. At the time of marriage the complainant paid L 10,000/- out of L 15,000/- in cash and also presented other articles, viz., gold ornaments , beddings etc., to his sonin- law. Accused Nos. 2 and 3 are full brother and Boudi of accused no. 1 and accused Nos. 4 and 5 are the parents of the accused No. 1. (ii) It was the further case of the prosecution that after 3-4 months of marriage the accused persons started torture both mentally and physically on the victim for bringing balance amount of L 5,000/-. The complainant could not collect the said amount and requested the accused Nos. 1 to 3 to stop torture on his daughter and took time to pay the said money upto the month of Aswin . In the month of Chaitra again merciless torture was inflicted on the victim. On the date and time of incident, the complainant was out of the house in the field. At that time the son of accused no. 1 by his first wife, Tarak came to the house of the complainant at about 12 noon and informed the wife of the complainant that Sulekha was vomiting. The wife of the complainant rushed to the house of the accused. She found her daughter dead. (iii) On investigation, the police submitted charge sheet. (iv) The case was committed by the learned Magistrate to the Court of Sessions, Nadia. (v) On hearing of both sides, the learned Trial Court framed charges against the accused persons under Section 498A/304B of the Indian Penal Code. (vi) The contents of the charges were read over and explained to the accused persons, who pleaded not guilty and claimed to be tried. (vii) To contest this case, the prosecution examined as many as 9 witnesses, while none was examined on the side of the defence. (viii) However, 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 as well as 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.
(3.) On trial, the learned trial court convicted the present appellants by the impugned judgment.;