SANKAR ACHARYYA,J. - (1.) Appellants have preferred this appeal challenging the judgment of conviction dated 18.05.2007 passed by learned Additional Sessions Judge, 5th Fast Track Court, Malda in Sessions Trial No. 57 (10) 05 corresponding to Sessions Case No. 174 of 2004. In the impugned judgment all the five appellants were found guilty of the charge under Section 302 of the Indian Penal Code (in short I.P.C.) read with Section 34 of the I.P.C. and thereby convicted on 18.05.2007. On the following day 19.05.2007 by an order they were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000/- each, in default, to suffer rigorous imprisonment for two years each. In the said judgment dated, 18.05.2007 all appellants were acquitted of the charges under Sections 498A/34, I.P.C. and 304B/34, I.P.C. (Page 15 of the judgment). Said judgment is called as impugned judgment hereinafter. No appeal has been filed against such acquittal. In the present appeal on 07.12.2007 except appellant no. 1 (in short A-1) the other appellants (A-2, A-3, A-4 and A-5) have been granted bail.
(2.) In the trial Court, all these five appellants as accused were charged under Section 498A/34, I.P.C. for subjecting physical and mental torture on the victim Rubi Bibi who was the wife of A-1 in the house of accused persons since after her marriage till her death in the night of 29.03.03 and 30.03.03. Second charge against the accused persons was framed under Section 304B/34, I.P.C. for committing dowry death of said victim in the house of the accused persons in the night of 29.03.03 and 30.03.03. Alternative charge under Section 302/34, I.P.C. was framed against all accused to the effect that they on the night of 29.03.03 and 30.03.03 at their house in furtherance of common intention committed murder to the victim Rubi Bibi.
(3.) The case was first registered as Harishchandrapur Police Station case no. 32/03 dated 30.03.03 under Sections 302/304B/34, I.P.C. against all appellants on the basis of written complaint (FIR) of victim's father Hafijuddin @ Bheda which was handed over to the then officer in charge S.I. Ashim Gope (PW 6) of Harishchandrapur P.S. on 30.03.03 at 07:25 a.m. at the house of Hafijuddin and forwarded to police station. Before commencement of trial of the case said Hafijuddin passed away. In trial, prosecution examined eleven witnesses and also adduced the written FIR (exhibit- 1), post mortem report (exhibit- 2), report of inquest over the dead body of victim held by B.D.O. as Executive Magistrate (exhibit- 3), formal FIR (exhibit- 4), two rough sketch maps (exhibits 5 and 5/1), index of exhibit- 5/1 (exhibit- 5/2), three seizure lists (exhibits 6, 6/1 and 6/2), inquest report over the dead body of victim prepared by police officer (exhibit- 7), dead body challan sending the corpse of the victim for post mortem examination (exhibit- 8) and certificate of marriage between A1 and victim (exhibit- 9). Wearing apparels of the victim which were seized after post mortem examination and blood stained earth which was collected from the place where dead body was found were produced by prosecution during trial and the same were marked Mat. exhibit- I collectively. Accused persons were examined under Section 313 of the Code of Criminal Procedure, 1972 (in short Cr.P.C.) but they did not adduce any evidence.;