R.K. Bag, J. - (1.) This appeal arises out of judgment and order of conviction and sentence passed by Learned Additional Sessions Judge, 5th Court, Barasat, North 24 -Parganas in Sessions Trial No. 1(9) of 2001, by which Learned Judge of the trial court sentenced both the appellants to suffer rigorous imprisonment for six years each and to pay fine for the offence under Sec. 306 of the Indian Penal Code and to suffer rigorous imprisonment for three years each and to pay fine for the offence under Sec. 498A of the Indian Penal Code.
(2.) The backdrop of conviction and sentence of the appellants by the trial court is as follows: On January 12, 2001 the de facto complainant - Subhas Chandra Roy filed a written complaint before the Inspector -in -charge of Ghola Police Station on the basis of which Ghola Police Station Case No. 6 dated January 12, 2001 under Ss. 498A/326/109 of the Indian Penal Code came into existence. The contents of the said written complaint disclose that on June 11, 2000 the victim Gouri Sarkhel aged about 39 years was married to the appellant Dhiraj Sarkhel as per Hindu rites and religion. The appellant Dhiraj Sarkhel had one daughter named Madhubrita Sarkhel aged about 20 years from his first wife since deceased. It is alleged in the said written complaint that the appellants - Dhiraj and his daughter Madhubrita used to inflict physical and mental torture on the victim Gouri Sarkhel. It is further alleged that on January 12, 2001 at about 7.50 a.m. the de facto complainant got information over telephone that his sister Gouri Sarkhel sustained burn injuries to the extent of 80% by making an attempt to commit suicide by pouring kerosene oil on her body and setting herself on fire. It is also alleged by the elder brother of the victim Gouri Sarkhel in the written complaint that Gouri attempted to commit suicide as she could not bear the torture inflicted on her by her husband and step daughter. The victim Gouri was admitted to Nil Ratan Sarkar Medical College & Hospital (hereinafter referred to as "NRS Hospital") in critical condition.
(3.) The police started investigation of Ghola Police Station Case No. 6 dated January 12, 2001 under Ss. 498A/326/109 of the Indian Penal Code. One Shibdev Sarkar (PW 18), Sub -Inspector of Police recorded the statement of the victim Gouri in NRS Hospital on January 12, 2001. Subsequently, the victim Gouri was shifted from NRS Hospital to Critical and Trauma Hospital for better treatment. The Investigating Officer of the case (PW 19) recorded another dying declaration of the victim Gouri in Critical and Trauma Hospital on January 16, 2001. Ultimately, on January 21, 2001 victim Gouri succumb to the burn injuries. The police submitted chargesheet against both the appellants disclosing offence under Sec. 302 of the Indian Penal Code amongst other offences under the said Code. The Learned Additional Sessions Judge framed the charge against both the appellants under Sec. 302 of the Indian Penal Code and alternatively under Sec. 306 of the Indian Penal Code and also under Sec. 498A of the Indian Penal Code. On conclusion of trial both the appellants were convicted and sentenced for the offence under Sec. 306 of the Indian Penal Code and also for the offence under Sec. 498A of the Indian Penal Code.;