SIDDHARTHA CHATTOPADHYAY, J. - (1.) The appellants herein challenged the judgment and order of conviction dated 07.04.2016 and 08.04.2016 passed by the Additional Sessions Judge 1st Court, Contain, Purba Medinipur in Sessions Trial No. X/March 2011. From the impugned judgment, it appears that the learned trial court found the appellants guilty and they were directed to suffer rigorous imprisonment for seven years each for committing the offence under Section 304B of I.P.C. and also to suffer rigorous imprisonment for two years each for the offence committed under Section 498A of I.P.C.
(2.) According to the appellant, the learned trial court ought to have held that there was no dowry death at all in view of the ingredients as laid down in Section 304B of I.P.C.
(3.) To appreciate the grievance of the appellants, the prosecution case needs to be revisited. The prosecution case in a capsulated form is such that marriage between the victim and the appellant No. 1 was held on 22.10.2008 as per Muslim Rites and Ceremonies. At the time of said marriage, the victim's father had given valuables and cash of Rs.50,000/- as demanded by the appellant No. 1 and also promised to pay of Rs.10,000/- more after the said marriage. After a few days the appellant No. 1 started assaulting the victim for non-payment of Rs.10,000/-. Time to time the appellants provoked her to bring that money from her parents' house. Considering the poverty of the complainant, victim initially did not divulge her agonies to her parents. However, after coming to know about the alleged torture for dowry, the parents and some other villagers went to the house of the appellants to pacify them. On 15.02.2009, the victim found the appellant No. 1 in a compromising position with his boudi (appellant No. 6). Being aggrieved at it, the victim reported this ill-episode to her mother. Out of grudge, for such disclosure of that ill-episode, the appellant No. 1 mercilessly had beaten her up. On the next day, the complainant came to know that her daughter breathed her last.;