Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 29th January, 2003 passed by the learned Additional District and Sessions Judge, Fast Track Court, Diamond Harbour, South 24 Parganas, in Sessions Trial No. 13(10) 2001 arising out of Sessions Case No. 114(9) 2001 convicting the appellants for commission of offence punishable under Section 304B and 498A IPC and sentencing the appellant nos. 1 and 2 to suffer imprisonment for ten years under Section 304B IPC and to suffer imprisonment for 2 years for the offence punishable under Section 498A and to pay a fine of Rs.2000/-, in default, to suffer simple imprisonment for six months more and for the offence punishable under Section 498A with further direction that appellant no.1 shall suffer rigorous imprisonment for the aforesaid periods and appellant no.2 shall suffer simple imprisonment for the said periods and further directing the appellant nos. 3 and 4 to suffer imprisonment for seven years for the offence punishable under Section 304B IPC and to suffer imprisonment for one year for the offence punishable under Section 498A IPC and to pay a fine of Rs.1000/- in default to suffer simple imprisonment for two months more with further direction that the appellant no.3 shall suffer simple imprisonment while appellant no.4 shall suffer rigorous imprisonment for the aforesaid periods, both the sentences run concurrently.
(2.) The prosecution case, as alleged, against the appellants is to the effect that appellant no.1 was the husband of the victim Kakali Barui while appellant nos. 2, 3 and 4 were the mother-in-law, father-in-law and brother-in-law respectively of the said housewife. The marriage took place between the victim and the appellant no.1 on 28th Jaistha, 1405 BS. At the time of marriage, Rs.12,000/- was paid in cash in addition to the gold ornaments and utensil given as dowry. Thereafter, Kakali started residing at her matrimonial home. It was alleged that the victim was subjected to assault and torture as the gold ornaments were not upto the expectation of her in-laws. Number of salishes were held at Debnagar village, that is the village of the appellants which was attended by the local people where the appellants undertook they will not torture Kakali but they did not keep such promise and the torture continued. On 11th Sraban, 1408 BS at about 9 AM Mantu Paramanik, the neighbour of appellant no.1 informed the father of the victim, Kartik Middya, that the victim had died at 10 PM on 10th Sraban, 1408 BS. On receipt of such information, Kartik along with others went to village Debnagar and the local people informed that Kakali had been beaten to death. They saw the dead body of Kakali and found marks of injury. Kartik lodged criminal case at Namkhana P.S. being Namkhana PS Case No. 24 dated 27-07-2001 under Section 498A and 304B of the Indian Penal Code. The appellants were arrested, inquest was held over the dead body of the victim by Mr. Ananda Kumar Saha, Executive Magistrate, Kakdwip (PW 14). He found marks of injuries on the dead body of the victim. Post mortem examination was conducted over the dead body of the victim and in conclusion of investigation charge-sheet was filed under Section 498A and 304B of the Indian Penal Code. Charges were framed under Sections 498A/304B and also in the alternative under Section 302 IPC.
(3.) The appellants pleaded not guilty and claimed to be tried.;