Nadira Patherya, J. - (1.) THIS appeal arises out of the order of conviction and sentence dated 20th July, 2012 and 23rd July 2012 passed by the Additional Sessions Judge, Jangipur, Murshidabad in Sessions Trial No. 15 (03)/2003 arising out of Sessions Serial No. 77/03 whereby and whereunder the appellants who are four in number were convicted and sentenced for the offence under Sections 498A and 302/34 I.P.C.
(2.) FOR the offence under Section 302/34 I.P.C. the appellants were sentenced to imprisonment for life and fine of Rs. 5,000/ -, in default rigorous imprisonment for six months and for the offence under Section 498A I.P.C. the appellants were sentenced to imprisonment for two years and fine of Rs. 1000/ -, in default rigorous imprisonment for further two months. The said sentences were to run concurrently. The appellant no. 1 is the husband of the victim girl while the appellant no. 2 is her mother -in -law, appellant no. 3 is her brother -in -law and the appellant no. 4 is her sister -in -law (Nanad). Appellant nos.2, 3 and 4 have been released on bail. The case of the prosecution is that the victim girl and the accused appellant were married for the last 8 years according to Muslim rites and customs. After marriage the victim girl resided in her matrimonial home. At the time of marriage the defacto complainant gifted articles and cash to the victim girl and her husband. Out of the wedlock three children were born. Inspite thereof, torture was inflicted on the victim girl the reason being demand for money. This was informed by the victim girl to the family members of her paternal house, and on 4 -5 occasions the demand was satisfied by the defacto complainant by taking loans from different persons so that torture may be discontinued, but the degree of torture increased. Four days prior to the death of the victim girl the defacto complainant went to bring her to the paternal home but she was not allowed to accompany him until the demand of dowry was fulfilled. It was at about 12 noon of 5th March, 2002 when the defacto complainant was informed of his daughter being hospitalised. Immediately the defacto complainant left for the hospital and on reaching the hospital found the victim girl lying dead. A written complaint was filed with the Raghunathganj Police Station by the defacto complainant and Raghunathganj P.S Case no. 18/2002 dated 5th March, 2002 under Sections 498A/304/34 I.P.C. was registered. Investigation was undertaken, inquest made so also postmortem conducted. Reports were filed and thereafter charge -sheet submitted under Sections 498A, 304/34 I.P.C. against the appellants. Thereafter, the case was committed to the Court of Sessions where it was registered as Sessions Serial No. 77/2003. Thereafter, the case was transferred to the Court of the Additional Sessions Judge, Jangipur, Murshidabad and renumbered as Sessions Trial No. 15(03)/2003 when charges were framed against the appellants for the offence punishable under Sections 498A, 302/34 of the I.P.C. On charges being read over and explained to the appellants, each pleaded not guilty and claimed to be tried.
(3.) AT trial, prosecution examined 12 witnesses and adduced both oral and documentary evidence. The defence did not adduce any evidence either oral or documentary. The accused appellants were examined under Section 313 Cr.P.C. On consideration of the oral and documentary evidence the order of conviction and sentence was passed under Sections 498A and 302/34 I.P.C. Being aggrieved by the said order of conviction and sentence this appeal has been filed.;