TAPEN SEN, J. - (1.) THIS appeal is directed against the judgment and order of conviction dated 27/4/2011 and 30/4/2011 passed by the Ld. IInd Additional Sessions Judge, Malda in Sessions Trial No. 49 of 2010 arising out of Sessions Case No. 194 / 2010 whereby and whereunder the 2 appellants herein namely Bhaggi @ Bhaguddin @ Daggu Sk. and Jhalo Bibi W/o Daggu Sk. were convicted under Sections 498A / 302 of the Indian Penal Code and were sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/ - each and in default, to undergo simple imprisonment for 6 more months.
(2.) THAT on 9/7/87 at about 8:45 A.M. one Jumman Sk. made a written report to the Kaliachak Police Station -in -charge at Malda in relation to an occurrence alleged to have taken place in the night of 8 / 9­7 -87, wherein, while naming these two appellants as accused, he stated that his sister Hasina Bibi had married Ali Hossain S/o the appellants. She was dark in colour and therefore, the parents -in -law started misbehaving by assaulting and torturing her both physically and mentally. Respected persons of the village had made attempts for a compromise but to no avail. On the date of lodging the F.I.R at about 6 A.M., the informant's uncle Samsuddin Khan informed him about his sister's death. Having heard such a news he went to his sister's matrimonial house and saw her dead body. He noticed some marks of injury caused by weapons on the head and cheeks and there were marks of bleeding from her ears. The residents of the village namely Sakinuddin, Safiuddin and other neighbours told him that the parents -in -law of his sister had quarreled with her and that yesterday, the mother -in -law had mercilessly tortured his sister physically upon which the villagers had restrained her from doing so. However, at about 7 / 8 P.M. the parents -in -law of his sister again mercilessly tortured his sister physically. It was raining and early in the morning the villagers saw his sister's dead body on a nearby rail line. When the villagers requested the parents -in -law to fetch the dead body home they tried running away and then the villagers caught them and compelled them to bring the dead body home. They also detained the parents -in - law. The villagers and the informant guessed that the parents -in -law had murdered his sister and dropped her body on the rail line so that she would be cut under the wheels of a train and the villagers would think that she had committed suicide. The informant claimed that Daggu Sk. and his wife Jhalo Bibi had mercilessly tortured his sister and murdered her.
(3.) ON the basis of the aforesaid written report the Kaliachak Police Station registered Kaliachak P.S. Case No. 9 / 87 dated 9/7/87 under Sections 302 / 201 / 498A / 34 of the Indian Penal Code and took up investigation. During investigation the prosecution examined 8 witnesses and recorded their statements. Site maps of the two places of occurrence were drawn up by the police and Inquest was conducted upon the dead body on 9/7/87 at the matrimonial house of the deceased in the presence of witnesses. The dead body was subsequently sent for post -mortem which was conducted on 10/7/87. Wearing apparels etc were seized by the police and on completion of the investigation, charge -sheet was submitted under Sections 302 / 201 / 498A of the Indian Penal Code. The case was committed to the court of the Ld. Sessions Judge, Malda whereafter it was transferred to the court of the II Additional Sessions Judge, Malda for trial and disposal.;