- (1.) This appeal has been directed against the Judgment and Order dated 17.03.2004 and 18.03.2004 passed by Sri. P.K. Das, learned Additional Sessions Judge, 2nd Court, Asansol in Sessions Case No.49 of 2000 whereby the appellants Nirmal Banerjee, Prova Banerjee, Benu Banerjee, Bhanu Banerjee and Sanu alias Kanu Banerjee have been found guilty and convicted for the offence under Section 498A of the Indian Penal Code and have been sentenced to suffer Rigorous Imprisonment for 2 years each and to pay a fine of Rs. 1,000/-, each in default to suffer Simple Imprisonment for 3 months, and appellant Sanu alias Kanu Banerjee has also been found guilty and convicted for the offence under Section 306 of the Indian Penal Code and has been sentenced to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 5,000/,- in default to suffer Simple Imprisonment for 1 year.
(2.) The prosecution case, in short, is this that one Bipad Baran Chatterjee lodged a written complaint before the Officer-in-Charge, Kulti P.S, alleging thereby that his daughter Babli was married with the appellant Sanu alias Kanu Banerjee, son of Nirmal Banerjee, at Chalbalpur according to Hindu rites on 28th Falgoon, 1394 B.S. After marriage Babli was living in her husbands house and gave birth to two daughters. Then her husband Sanu alias Kanu Banerjee, father-in-law Nirmal Banerjee, mother-in-law Provabati Banerjee, husband's elder brother Bhanu Banerjee, husband's brother Benu Banerjee used to assault and torture upon her. The informant or de-facto complainant tried several times to settle the matter between them by discussion with them and the people of Chalbalpur, but to no effect. The informant's youngest son Tapas was working in 'Mama ply-wood shop' at Barakar since 4/5 months and he used to stay at night in the house of informant's son-in-law at Chalbalpur. On the day before lodging of the F.I.R Tapas returned back home at about 4/5 p.m. and informed the informant that he found the burnt dead body of Babli, which was lying in the house of his son-in-law on 02.11.1996 at about 5 a.m. The informant's son-in-law threatened Tapas not to disclose that fact to any body and in case Tapas disclose the same then he would be murdered. On arrival at Chalbalpur on 03.11.1996 at about 10 the informant inquired from the neighbours of his son-in-law and the people of their house regarding the cause of death of his daughter, when the neighbours apprehended that the cause of death was probably due to the torture of his son-in-law, father-in-law, mother-in-law elder brother and brother of his son-in-law, and the informant also apprehended that the cause of death of his daughter was due to their torture.
(3.) After receiving the written complaint police of Kulti P.S started Kulti P.S case no. 245 of 1996 dated 03.11.1996 under Sections 498A/306 of the Indian Penal Code and investigated into same. During investigation police held inquest over the dead body, visited the P.O, prepared rough sketch, sized some articles under seizure list, recorded statement of the witnesses under Section 161 of Criminal Procedure Code, collected post-mortem report, arrested accused persons sent viscera to the F.S.L, and after completion of investigation submitted charge-sheet against five accused persons under Sections 498/306 of the Indian Penal Code.;