Asha Arora, J. - (1.) THE appellants have challenged the judgment and order of conviction and sentence dated 27th February, 2012 and 29th February, 2012 passed by the Additional Sessions Judge, Fast Track 4th Court, Malda in Sessions Trial No. 21 of 2011 arising out of Sessions Case No. 175 of 2011. By the impugned judgment and order the appellants being the husband, parents -in law, brothers -in law and sister -in law of the deceased victim have been convicted for the offences punishable under Sections 498A/34 and 302/34 of the Indian Penal Code (for brevity referred to as the I.P.C) and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 500/ - each in default of which to suffer simple imprisonment for three moths each for the offence under Section 498A/34 of the I.P.C and they have also been sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/ - each in default of which to suffer simple imprisonment for six months each for the offence punishable under Section 302/34 of the I.P.C.
(2.) BEREFT of unnecessary details, the prosecution case is that on 22/8/2009 the defacto complainant Meghnath Singh, brother of the deceased victim made a written complaint at Harishchandrapur Police Station stating that his sister (deceased Nirmala Roy) was given in marriage to the appellant No. 1 about eight years ago in accordance with the Hindu rites and customs. Out of the wedlock she gave birth to two children. Soon after the marriage the husband (appellant No. 1) and his family members (appellant Nos. 2 to 6) started torturing the deceased physically and mentally over the demand for money, ornaments and landed property. Village 'Salish' was held several times regarding the matter but the torture upon the deceased victim continued unabated. On 18/8/2009 the defacto complainant went to his sister's house on being informed of her death and found her dead body lying in the verandah of the house with marks of injury. The complainant was informed by the neighbours that his sister was severely assaulted by the accused persons in the morning of 18/8/2009. On the basis of the aforesaid written complaint (exhibit 1), Harishchandra P.S Case No. 200/2009 dated 22/8/2009 under Section 498A/302 I.P.C read with Section 3/4 of the Dowry Prohibition Act was initiated against the accused/appellants. Investigation into the case culminated in the submission of the charge -sheet under Sections 498A/302/34 of the I.P.C and under Section 3/4 of the Dowry Prohibition Act against the accused/appellants.
(3.) THE case being a sessions triable one was committed to the Court of the Sessions Judge Malda wherefrom it was transferred to the Additional Sessions Judge, Fast Track 4th Court Malda for trial and disposal.;