- (1.) In this appeal the judgment and order of conviction dated 19th February, 2006 passed by Ld. 3rd Additional Fast Track, District and Sessions Court, Siliguri convicting the appellants under Sections 498A and 304B of the Indian Penal Code is under challenge. By the impugned judgment and order of the Ld. Trial Court the appellants were sentenced to suffer rigorous imprisonment for seven years for committing the offence under Section 304B of the Indian Penal Code and further sentenced to suffer rigorous imprisonment for three years and also to pay a fine of Rs. 5000/- each, in default to suffer rigorous imprisonment for three months for committing offence under Section 498A of Indian Penal Code. The Sessions Trial Case No. 25 of 2003 was disposed of with the above directions.
(2.) Sri Debabrata Acharyya, Ld. Counsel appearing for the appellants submits that in so far as the appellant no.2 is concerned, that is Kishan Mallick, son of the appellant no.1, Uttam Mallick alias Dom, the appellant no.2 has already served out his period of sentence. Therefore, Ld. Counsel presses the present appeal only in respect of the appellant no.1 and not qua the appellant no.2. With respect to the appellant no.1 Sri Acharyya, Ld. Counsel submits that the complaint has been filed by one Maheshwar Bansfore, the father of the deceased, Mahaji Bansfore who was married to the appellant no.2, Kishan Mallick. According to the complaint lodged on the 22nd of May, 2000 the parties were married under Hindu rites in the year 1994. Out of the wedding the couple had a male child.
(3.) It is further alleged in the complaint that for the past 2 to 5 months both the father-in-law, that is the appellant no.1, Uttam Mallick alias Dom and the appellant no.2, that is the husband, used to torture his daughter and such torture was complained of by the daughter to her father. On 22nd May, 2000 at around 10 am the complainant, Maheswar Bansfore was informed that his daughter Mahaji Bansfore has been burnt and admitted to hospital. Immediately thereafter Maheswar went to Siliguri Sub-Divisional Hospital and found his daughter dead. He was informed by other persons that his daughter was burnt at around 12 in the night. No information regarding the incident was communicated to Maheswar by the appellants and therefore, he had every reason to believe that Uttam, the appellant no.1, his wife and the husband of his daughter, Kishan conspired and burnt her to death.;