Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 17th September, 1990 passed by the learned Additional Sessions Judge, 1st Court, Burdwan, in Sessions Trial No. 39 of 1990 arising out of Sessions Case No. 106 of 1990 convicting the appellants for commission of offence punishable under Section 302/34 of the Indian Penal Code and sentencing the appellants to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/- each in default to undergo rigorous imprisonment for one year more.
(2.) The prosecution case, as alleged, against the appellants is to the effect that the victim Hiru Modak was married to appellant no. 1, Srikanta Modak according to Hindu rites and customs. Appellant no. 2 is the brother-in-law of the victim. At the time of marriage the father of Hiru gave dowries but he was unable to give one necklace as promised and on such score she was subjected to mental and physical torture by the appellants and their mother Namita (since deceased). She informed such fact to her parents and ultimately the necklace was given to the accused persons. However, the torture continued. On 14.07.1989 one Harish Chandra Ghosh informed Ranjit Modak, the uncle of Hiru that she had been severely burnt by the appellants and her motherin-law. On receiving such information Ranjit and others went to Kusumgram Bus stand in order to go to the house of the accused persons at Sonadanga. At about 8.30 p.m. a truck reached to Kusumgram Bus Stand. They found some villages of Sonadanga had come in the truck along with the victim. Appellants Srikanta and Asoke along with their mother, Namita were also in the truck. Ranjit met the victim in the truck. The victim was in a capacity to speak and stated that the appellants and her mother-in-law set fire on her pouring kerosene oil on her body and gagging her mouth. The victim was taken to Burdwan Hospital. At Dewanganj the victim collapsed and when they reached Burdwan Hospital the victim was declared dead. The accused persons tried to escape but they were arrested.
(3.) On the complaint of Ranjit Modal, first information report being Monteswar P.S. case no. 511 dated 15.07.1989 under Section 302/34 of the Indian Penal Code for investigation against the appellants and their mother Namita (since deceased). In conclusion of investigation, charge-sheet was filed against them under Section 304/34 of the Indian Penal Code. The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 1st Court, Burdwan for trial and disposal. Charges were framed under Section 302/34 of the Indian Penal Code against the appellants. They pleaded not guilty and claimed to be tried.;