- (1.) This Appeal arises out of the order of conviction and sentence dated 10th September, 2008 passed by the Additional District & Sessions Judge, Fast Track Court, Kalna, in Sessions Trial No. 24 of 2006 arising out of Sessions Case No. 15 of 2006 whereby and whereunder the appellants were convicted and sentenced for the offence under Section 498A and 302 I.P.C. For the offence committed under Section 302 I.P.C., the appellant No.3 was directed to suffer rigorous imprisonment for life and also to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for six months. For the offence under Section 498A I.P.C., the accused appellants were directed to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for a period of three months each. Both the sentences were to run concurrently.
(2.) The case of the Prosecution is that on 24th April, 2003, one Akram Sk. of village Ghola lodged a complaint before the Purbasthali Police Station that his second daughter, the victim girl, was given in marriage to the appellant No.3 and at the time of marriage she was given Rs.45,000/- as cash as a part of dowry, along with several other things. The victim girl was tortured physically and mentally by her husband and in-laws and was not provided with proper food. As there was failure to satisfy the illegitimate demand for more money, the victim girl was tortured by the accused persons. Failing to bear such torture, the victim girl set herself on fire. She was admitted to Kalna Hospital where she breathed her last. On the basis of the aforesaid, First Information Report was filed before the Purbasthali Police Station and investigation was initiated. On completion of investigation, a Charge Sheet was submitted against the accused appellants under Sections 498A/326/307/302/201 I.P.C. On submission of Charge Sheet, the Court of Sub-Divisional Judicial Magistrate, Kalna took cognizance of the offence and committed the case under Section 209 Cr.P.C. The case was thereafter transferred to the Additional District and Sessions Judge, Fast Track Court, Kalna. Charges were framed under Sections 498A and 302 I.P.C., which were read over and explained to the appellants to which the appellants pleaded not guilty and claimed to be tried. In all, Prosecution examined 18 witnesses and the Defence did not adduce evidence.
(3.) On consideration of the oral and documentary evidence so also examination of the accused appellants under Section 313 Cr.P.C., the order of conviction and sentence was passed. Hence this Appeal.;