Joymalya Bagchi, J. - (1.) The Appeal is directed against judgement and order dated 23/24th June, 2016 passed by learned Additional Sessions Judge, 1st Court, Cooch Behar, in Sessions Case No. 187 of 2014 convicting the appellants for commission of offences punishable under Section 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- each, in default to suffer rigorous imprisonment for a further period of one year.
(2.) The prosecution case, as alleged, against the appellants is to the effect that Tiloka Barman, the victim was married to the appellant no. 1, Hemanta Barman in the year, 1996 according to Hindu rites and customs. Appellants no. 2 and 3 Shyamal Barman and Jayanta Barman were the brothers-in- law of the victim housewife. All the appellants subjected her to torture on demands of dowry. She bore such torture on the expectation that the situation at the matrimonial home would improve but unfortunately on 19.12.2009 in the night at around 8.30p.m. Shyamal Barman brutally assaulted the victim and caused her death by strangulation. On the next day at 9 a.m., the appellants tried to dispose the body of the victim by way of cremation but on hearing this news, Nripen Barman, father of the victim housewife, came to the place of occurrence and the appellants fled away. On the complaint of the father of the victim, Kotwali Police Station Case No. 889 of 2009 dated 23.11.2009 under Sections 498A/302/34 of the Indian Penal Code was registered for investigation. In conclusion of investigation, charge-sheet was filed against the appellants and the case was committed to the Court of Sessions and transferred to the Court of learned Additional Sessions Judge, 1st Court, Cooch Behar for trial and disposal. Charges were framed under Sections 498A/34 of the Indian Penal Code and under Sections 302/34 of the Indian Penal Code. Appellants pleaded not guilty and claimed to be tried. In the course of trial prosecution examined ten witnesses in support of its case and exhibited a number of documents. However, during trial autopsy surgeon could not be examined in spite of issuance of processes and the post mortem report was exhibited on admission under Section 294 of the Code of Criminal Procedure. In conclusion of trial, learned trial Judge by judgement and order dated 23/24th June, 2016 while convicting and sentencing the appellants, as aforesaid acquitted them of the charge under Section 498A/34 of the Indian Penal Code.
(3.) Learned Counsel appearing for the appellants submits that the prosecution case with regard to torture upon the housewife on demands of dowry was not believed by the learned trial Judge.;