Rajarshi Bharadwaj, J. - (1.) The Appeal is directed against the judgment and order dated 23rd April, 2012 passed by learned Additional District & Sessions Judge, Fast Track 3rd Court, Alipurduar, Jalpaiguri in connection with Sessions Case No. 263 of 2008 and Sessions Trial No. 66 of 2008 convicting the appellants for commission of offence punishable under sections 498A and 306 of the Indian Penal Code. The appellant nos. 1 and 2, namely Surendra Debnath and Promoda Debnath were awarded a sentence to suffer rigorous imprisonment for one and half (1 ) years each and to pay fine of Rs. 2,000/- (Rupees two thousand) only by each of them, in default they have to suffer rigorous imprisonment for six (6) months more for the commission of offence punishable under section 498A of the Indian Penal Code and appellant no. 3 namely Krishna Debnath was awarded a sentence to suffer rigorous imprisonment for three (3) years and to pay fine of Rs. 2,000/-, in default of making payment of fine he has to suffer rigorous imprisonment for six (6) months more for the commission of offence punishable under section 498A of the Indian Penal Code. Considering the old age of the convicts, Surendra Debnath and Promoda Debnath have to suffer rigorous imprisonment of four (4) years each and to pay fine of Rs. 2,000/- (Rupees two thousand) only each of them, in default they have to suffer rigorous imprisonment for six (6) months more for the offence punishable under section 306 of the Indian Penal Code and the appellant no. 3, named Krishna Debnath has to suffer rigorous imprisonment for seven (7) years and to pay fine of Rs. 5,000/- (Rupees five thousand) only, in default of making payment he has to suffer rigorous imprisonment for one (1) year more for the offence punishable under section 306 of the Indian Penal Code. Both the sentences for two separate offences shall run concurrently.
(2.) At the very outset, it is informed that the appellant nos. 1 & 2 have expired. Appeal stands abated so far as the above two appellants are concerned.
(3.) The prosecution case in brief as alleged against the appellant no. 3 (hereinafter referred to as the appellant) on the basis of a written complaint lodged by one Harendra Debnath before the Officerin-Charge, Samuktala Police Station, Jalpaiguri on 22nd July, 2004 is that the father of the victim gave marriage of his daughter namely Rita Debnath with one Krishna Debnath, the appellant herein two years back. Within few days of marriage, the husband of Rita and her in laws used to inflict torture upon his daughter both physically and mentally in her matrimonial home. He came to learn about the said torture when Rita used to visit his home. It was further alleged that one 'salish' was held with the intervention of the villagers for causing torture upon his daughter by her husband but he asked his daughter to keep patience and to lead conjugal life. On 7th June, 2004 around 6 P.M. in the evening her daughter was compelled to commit suicide by consuming poison owing to severe torture caused by the appellant.;