Debi Prosad Dey, J. - (1.) This appeal is directed against the judgment and order of conviction dated 22nd July 2015 and 23rd July 2015 passed by the learned Sessions Judge, Nadia in Sessions Trial No. (III) of April, 2015 arising our of Sessions Case No. 53(03)2015 whereby and whereunder learned Sessions Judge convicted the appellants for the offence under sections 304(B)/34 of the Indian Penal Code and sentencing the appellants to suffer rigorous imprisonment of 7 years each and to pay fine of Rs. 5000.00 each in default to suffer further rigorous imprisonment for one year each in the case, under reference.
(2.) Being aggrieved by and dissatisfied with such order of conviction and sentence, this appeal has been preferred on the ground that the learned Trial Judge did not even consider the ingredients of the offence under section 304B of the Indian Penal Code while coming to definite conclusion that both the appellants are guilty for the offence under section 304(B)/34 of the Indian Penal Code.
(3.) Learned advocate appearing for the appellants contends that there is absolutely no evidence on record to establish that the victim was subjected to physical or mental torture during her stay in her matrimonial home and that no witnesses, who were close relatives of the victim have ever stated that the victim was subjected to torture on demand of further dowry. In that view of this case, learned advocate appearing on behalf of the appellants further contended that the learned Sessions Judge, Nadia has come to an erroneous finding with regard to the conviction of the present appellant for the offence under section 304B/34 of the Indian Penal Code.;