R.K. Bag, J. - (1.) This appeal arises out of judgment and order of conviction and sentence passed by Learned Additional Sessions Judge, Fast Track, 2nd Court, Dinhata, Cooch Behar in Sessions Trial No. 2(4) of 2007 arising out of Sessions Case No. 96 of 2007, by which Learned Judge of the trial court sentenced both the appellants to suffer rigorous imprisonment for three years and to pay fine of Rs. 2000/ - each, in default to suffer imprisonment for six months more for the offence punishable under Sec. 498A of the Indian Penal Code and rigorous imprisonment for seven years and to pay fine of Rs. 5000/ - each, in default to suffer imprisonment for one year more for the offence punishable under Sec. 306 of the Indian Penal Code.
(2.) The backdrop of conviction and sentence of the appellants is as follows: On November 22, 2005 the de facto complainant - Namita Saha filed a written complaint before the Inspector -in -charge of Dinhata Police Station alleging abetment of suicide of her daughter Shilpi Saha by the appellants. It is further alleged in the written complaint that Shilpi aged about 30 years was married to the appellant Bablu Saha about 5 years ago and one child was born from the said wedlock. The contents of the written complaint disclose that both the appellants being the husband and mother -in -law of the deceased Shilpi used to inflict physical and mental torture on Shilpi in order to create pressure on her for bringing money from the house of her parents. It is also alleged in the written complaint that on November 21, 2005 Shilpi committed suicide in her matrimonial home as she could not bear physical and mental torture inflicted on her by both the appellants. The written complaint is lodged after the death of Shilpi at Dinhata Sub -Divisional Hospital on November 22, 2005. Dinhata Police Station Case No. 304 of 2005 dated November 22, 2005 under Ss. 498A/304B of the Indian Penal Code was registered on the basis of the written complaint filed by Namita Saha, mother of the deceased Shilpi.
(3.) The police investigated the above criminal case and submitted chargesheet against the appellants on the allegation of committing offences punishable under Ss. 498A/304B of the Indian Penal Code. The trial court also framed charge against the appellants for the offence punishable under Ss. 498A/304B of the Indian Penal Code. On conclusion of trial Learned Judge of the trial court convicted both the appellants for the offences punishable under Ss. 498A/306 of the Indian Penal Code and sentenced them to suffer term imprisonment and fine for both the offences with direction that the appellants will serve the sentence for both the offences concurrently and the period of imprisonment undergone by them as undertrial prisoners will be set off. The appellants have preferred appeal against the said judgment of conviction and sentence passed by the trial court.;