Ashim Kumar Roy, J. - (1.) In a sessions trial held before the learned Sessions Judge, 2nd Fast Truck Court, Tamluk, Midnapore, the appellants in CRA No. 158 of 2010, viz. Nirmal Chakraborty, Nitai Chakraborty and Malati Chakraborty, were convicted under Ss. 498A/302/34 IPC and were sentenced thereunder to suffer rigorous imprisonment for three (3) years and imprisonment for life respectively with fine and default clause. Whereas in the self -same trial, the appellant in CRA No. 171 of 2010, Panchanan Mondal, was convicted under Ss. 304/34 IPC and sentenced to suffer simple imprisonment for ten (10) years with fine and default clause but the brother of the appellant No. 1, Nirmal Chakraborty was found not guilty and acquitted.
(2.) However, according to the report submitted by the Superintendent, Midnapore Central Correctional Home, the sole appellant in CRA No. 171 of 2010, Panchanan Mondal, has already expired while was serving out his sentence and the said appeal has been accordingly disposed of by our order passed on February 9, 2016.
(3.) It is the case of the prosecution that the daughter of the de facto complainant, Ashok Kumar Mahapatra (PW/1), was given in marriage with the appellant, Nirmal Chakraborty, and their marriage was solemnized on Magh 1406 BS according to Hindu rites and customs. The appellants, Nitai Chakraborty and Malati Chakraborty, are his parent. Initially the conjugal life of the daughter of the de facto complainant (PW/1) was happy and peaceful and she gave birth to one male child in their said wedlock. However, after sometimes, their relation turned hostile as the son -in -law of the de facto complainant picked -up an illicit relation with a lady and when the victim house -wife protested, his daughter was subjected to torture, both physically and mentally. Several efforts although were made by the de facto complainant to settle their disputes, but all his efforts went on vain. On October 28, 2015 at about 9 AM in the morning, one Kanan Bala Bera (PW/2), went to the matrimonial home of the daughter of the de facto complainant and found that she was suffering from illness and one 'Gunin', Panchanan Mondal (appellant in CRA No. 171 of 2010), in the guise of excoriating, was physically assaulting her and exposed her to smoke of burning chilly. Soon after, one Baneswar Bhowmick (PW/3), a neighbour of the appellants, arrived there and requested her father -in -law and brother -in -law to take her to a doctor or to any hospital for her treatment. However, they did not pay any heed to such request. Subsequently, the doctor, viz. Abani Sankar Hazra, (PW/5) was called for treatment, who found her unconscious, also advised to shift her to hospital. She was never moved to any hospital and she died around 2 pm.;