Joymalya Bagchi, J. - (1.) The Appeal is directed against judgement and order dated 30.06.2014 passed in Sessions Trial No. 5(02) of 2010 arising out of Sessions Case No. 22 of 2009 convicting the appellants for commission of offence punishable under Sections 498A and 306 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/-, in default to suffer simple imprisonment for three months for the offence punishable under Section 498A of the Indian Penal Code and sentencing appellant no. 1, Brojogopal Mondal, to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/-, in default to suffer simple imprisonment for six months and appellant no. 2, Munmun Mondal to suffer rigorous imprisonment for three years and to pay a find of Rs. 3,000/-, in default to suffer simple imprisonment for six months for the offence punishable under Section 306 of the Indian Penal Code, both the sentences run concurrently.
(2.) The prosecution case, as alleged, against the appellants is to the effect that the victim, Mita Mondal was married to appellant no. 1 on 01.05.2006. At the time of marriage a cash of Rs. 50,000/-, 3 bharis of gold ornament, cot, other furniture and utensils were given as dowry. Soon after marriage she was subjected to mental and physical torture for demands of further dowry. On 09.05.2006 at about 9 p.m. Mita told her father/de facto complainant that she was unable to bear torture inflicted upon her by the accused persons and asked her father to take her back from the matrimonial home. It is further alleged that when de facto complainant went to the matrimonial home on the next day i.e. 10.05.2006 at 6 a.m. he found her daughter lying on the floor tossing in acute pain. She disclosed that appellants had administered poison to her. The victim was taken to Lalbagh Hospital where she expired at 9/9-30 a.m. On the written complaint of P.W. 1, Susanta Mondal first information report being Murshidabad P.S. case no. 69/2006 dated 10.05.2006 under Sections 498A/302/34 of the Indian Penal Code was registered for investigation.
(3.) In conclusion of investigation, charge-sheet was filed under Sections 498A/302/34 of the Indian Penal Code against the appellants and other accused persons and the case was committed to the Court of Sessions and transferred to the Court of learned Additional Sessions Judge, Lalbagh, Murshidabad for trial and disposal. Charges were framed under Sections 498A/34/304B/34 of the Indian ;