Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 31st January, 1994 passed by the learned Additional Sessions Judge, 2nd Court, Suri, Birbhum in Sessions Case No. 109 of 1992 (Sessions Trial No. 1 of January, 1994) convicting the appellants for commission of offence punishable under Sections 498A/306 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years and to pay fine of Rs.500/- each, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 498A IPC and to suffer rigorous imprisonment for eight years and to pay fine of Rs.1,000/- each, in default, to suffer rigorous imprisonment for two years more for the offence punishable under Section 306 IPC with further direction that the fine, if recovered, shall be paid to the father of the victim namely, Nirmal Bhandari; both the sentences to run concurrently.
(2.) The prosecution case as alleged against the appellants and one Sabita Bhandari is to the effect that on 3rd Ashar, 1398 B.S. i.e. in the month of July, 1991 the victim, Purnima, daughter of Nirmal Bhandari (PW1) was married to appellant no.1, Ramkrishna Bhandari according to Hindu rites and customs. At the time of marriage, dowry to the tune of Rs.1,500/- was paid. After marriage, the victim started residing at her matrimonial home and was mentally and physically tortured as she was not liked by the appellants and as her father could not meet further demands of dowry. She was not given food and clothing. The harassment increased and she was assaulted by her husband and father-in-law while her mother-in-law and sister-in-law abused her filthily. Unable to bear such torture, she committed suicide at her matrimonial home. On the written complaint of her father (PW1), Bolpur Police Station Case No.165 of 1991 dated 9th November, 1991 under Sections 498A/306 IPC was registered for investigation. In conclusion of investigation, chargesheet was filed against the appellants and co-accused Sabita Bhandari, sister-in-law of the victim. The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 2nd Court, Suri, Birbhum for trial and disposal. Charges were framed under Sections 498A/306 of the Indian Penal Code. The accused persons pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 12 witnesses and exhibited a number of documents. The defence of the accused persons was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 31st January, 1994 convicted and sentenced the appellants, as aforesaid. By the selfsame judgement and order, the trial court, however, acquitted Sabita Bhandari, sister-in-law of the victim.
(3.) Nobody appeared for the appellant. Ms. Zareen N. Khan was requested to assist the Court as Amicus Curiae.;