- (1.) By this appeal the accused appellants seek to set aside the order of conviction and sentence dated 16th December, 2009 and 19th December, 2009, passed by the Additional Sessions Judge, Fast Track 1st Court, Haldia, Purba Medinipur, in Sessions Trial No.XLVI/Sep/04 arising out of Haldia P.S. Case No.44/01 whereby and whereunder the appellants were convicted and sentenced for the offence committed under Sections 498A & 304B of the Indian Penal Code (IPC) and directed to suffer rigorous imprisonment for life for the offence committed under Section 304B IPC and further directed to suffer rigorous imprisonment for three (3) years and also to pay a fine of Rs.5000/- each, in default, to suffer further R.I. for three (3) months each for the offence committed under Section 498A IPC. Both the sentences were to run concurrently.
(2.) The case of the prosecution is that Haldia P.S. Case No. 44/01 dated 27th October, 2001 was started at the behest of one Gopal Ch. Mondal, father of the victim girl, on the plea that his daughter, the victim girl was married to the accused appellant no.2 on 12th August, 2001. For non-fulfilment of promised sum the victim girl was subjected to cruelty and mental torture. On 25th October, 2001, the victim girl was subjected to physical torture and she proceeded to her paternal home. Her husband, the accused appellant no.2, detained her and brought her back to his house. She was left in the custody of the accused appellant no.1., mother-in-law who gagged her mouth with cloth (bed sheet) and placed her on the burning heater with an intention to kill her.
(3.) The victim girl shouted after removing the cloth from her mouth. The accused appellant no.1 left the place of occurrence (P.O.) and bolted the door from outside and thereafter proceeded to call the para people. Some para people came and took the victim girl to the Haldia S.D. Hospital in a half-burnt condition. From the said hospital, the victim girl was referred to N.R.S. Medical College & Hospital, Calcutta, and while under treatment on 26th December, 2001 the victim girl succumbed to her injury.;