Indrajit Chatterjee, J. - (1.) THIS appeal has been directed as against the judgment and order of conviction passed by the learned Additional District and Sessions Judge, Second Court, Serampore, Hooghly, in Sessions Case No. 99 of 2007 (Sessions Trial No. 25 of 2007) arising out of G.R case No. 78 of 2005 which arose out of Serampore P.S Case No. 19 of 2005 dated 22.01.2005 under Sections 498A, 304B and 406 of the Indian Penal Code (Code) in which the present appellants were convicted on 26.08.2014 and sentenced to suffer life imprisonment for the offence punishable under Section 304B read with Section 34 along with Section 498A of the Code. The accused appellant Kaushik Sadhukhan was further sentenced to suffer imprisonment for two years in respect of the offence punishable under Section 406 of the said Code. The Trial Court further directed that the sentences will run concurrently. Thus, even though the present appellants were convicted in respect of the charge punishable under Section 498A of the Code, the learned trial court did not pass any separate sentence threats. The trial court also ordered set off under Section 428 of the Code of Criminal Procedure, 1973.
(2.) THE case before the trial court as we get from the evidence both oral and documentary can be stated in brief thus, there was love affair between the victim of this case Roshni Sadhukhan @ Tuli with the first appellant Kaushik Sadhukhan @ Gopal. There was a registry marriage on 30th August, 2002 (Exhibit 8) and the social marriage took place on 09.12.2002. There was payment of dowry to the tune of Rs. 1,50,000/ - in cash, fifty bhories of gold ornaments, cot, bedding, almirah, dressing table etc. After such marriage Roshni went to stay at her matrimonial home. It is the further case of the prosecution as made out that since the date of "phoolsajya" the relatives of the accused appellant No. 1 expressed their displeasure regarding the articles of dowry and started torturing the victim. The matter was tried to be settled by the father of the victim and his other relatives.
(3.) IT was the further case of the prosecution that the accused persons demanded more money and other articles and that the victim was not given proper food and treatment. It further revealed during the trial that the victim disclosed to her father that the accused persons demanded a further sum of Rs. 50,000 and her father could give a sum of Rs. 25,000 only to the appellant No. 2, Krishna Chandra Sadhukhan by savings rupees one thousand, two thousand etc. unfortunately, the torture continued. It was also the case that the accused persons continued the torture upon the victim and they disclosed that Gopal wanted to open a shop at Singur and the father of the victim will have to incur the money for the same. The father of the victim did not provide any more money for opening the shop room at Singur.;