SANKAR ACHARYYA, J. - (1.) Three appellants have preferred this appeal challenging the judgment and orders of conviction and sentence passed against them finding them guilty under Sections 498 A/34 and 302/34 of the Indian Penal Code (in short I.P.C.) in Sessions Trial No. 25 of 2005 corresponding to Sessions Case No. 110 of 2005 in the Fast Track Court of learned Additional District and Sessions Judge, Gangarampur at Buniadpur in the district of Dakshin Dinajpur. In the impugned judgment the appellants were sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2,000/ - and in default of payment of fine to suffer rigorous imprisonment for three months more of the offence under Section 498 A/34 of the I.P.C. and also sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.3,000/ - each and in default of payment of fine to suffer rigorous imprisonment for six months more each of the offence under Section 302/34 of the I.P.C. As per order of the learned Trial Judge said sentences shall run concurrently.
(2.) The case relates to the allegations of subjecting cruelty upon the housewife Sachirani Biswas (Barman) and her homicidal death. Appellant no. 1 is her husband, appellant no. 2 is her mother -in - law and appellant no. 3 is her sister -in -law (husband's sister).
(3.) On 27.02.2005 a complaint was filed by victim's father Jagannath Biswas at Gangarampur Police Station and said police station registered FIR No. 24 dated 27.02.2005 under Sections 498 - A/326/307/34 of the Indian Penal Code and under Sections 3 and 4, Dowry Prohibition Act against the appellant nos. 1 and 2 and some unnamed others. In the complaint PW 1, being the father of the victim, alleged that the victim was given in marriage with the appellant no. 1 and at the time of marriage PW 1 paid Rs.25,000/ - cash and 2 tolas of gold ornaments and many useful furniture as dowry. Subsequently, appellant no. 1 demanded Rs.20,000/ - more. But the PW 1 failed to satisfy that demand for which the victim was severely beaten keeping her tied in the evening of 26.02.2005 and in the night kerosene oil had been poured on her body and she was set on fire in order to kill her. Co -villagers rescued her and admitted her in Gangarampur Sub -Divisional Hospital. In the complaint it was also alleged that the victim's mother -in -law that is the appellant no. 2 often used to commit torture on her both physically and mentally.;