Rajarshi Bharadwaj, J. - (1.) The instant appeal has been preferred by the appellants assailing the judgement and order dated 16th December, 1996 passed by the learned Additional Sessions Judge, Tamluk in S.T. Case no. 1(9) 95, convicting the accused/appellants under Sections 498A/306 of the Indian Penal Code and sentencing Rabindra Nath Mondal and Birendra Nath Mondal, being the accused/appellant nos. 1 and 2 respectively to suffer rigorous imprisonment for one year for the offence punishable under Section 498A of the Indian Penal Code and also to suffer rigorous imprisonment for two years for the offence punishable under Section 306 of the Indian Penal Code and further sentencing Smt. Arati Bala Mondal, the accused/appellant no. 3 to suffer rigorous imprisonment for one year for the offence under Section 498A of the Indian Penal Code and to suffer further rigorous imprisonment for one year for the offence punishable under Section 306 of the Indian Penal Code and all the sentences were directed to run concurrently.
(2.) The prosecution case as narrated in the First Information Report lodged on 6th July, 1988 by Kamal Kumar Manna, the brother of an ill-fated bride before the Officer-in-Charge of Chandipur Police Station, is that in the year 1393 B.S. the victim Rekha Rani was married with the accused Rabindra Nath Mondal as per Hindu rites and customs and in the said marriage dowry was given to the bridegroom to the satisfaction of demand, but after few days of marriage, both mental and physical torture was started upon Rekha Rani by her husband and his inmates and finally she was driven out from her in-law's house. The victim lady had no other alternative but to go to her father. Thereafter, her father went to Uttarbarabari, the village of the accused persons with some respectable persons and in presence of the villagers of Uttarbarabari, the dispute was settled in two or three occasions and thereafter, Rekha was sent back to the house of the accused persons. But unfortunately all those honest efforts on the part of the father of Rekha yielded no fruitful result and as such torture upon Rekha in the house of the accused continued as before demanding more dowry from her father's house. Lastly, Rekha being unable to tolerate the constant torture by her husband, husband's brother and wife of the husband's brother, committed suicide on the ill-fated night, i.e. 5th July, 1988. On the next day morning, i.e. 6th July, 1988, Saktipada Bera and Buddhadeb Mondal came from Uttarbarabari and informed the complainant about the tragic incident of suicide and end of life of Rekha. Being informed, the complainant with some villagers and panchayat members went to the house of the accused persons and they came to know from the neighbours of the accused persons that severe torture and assault were made upon Rekha on the eventful day and also on the previous day and for that reason Rekha Rani died.
(3.) On the basis of the written complaint, a criminal case, being Chandipur P.S. Case no. 1 dated 6th July, 1988 was initiated. The post mortem of the dead body of Rekha was held at Tamluk S.D. Hospital, wherein the doctor opined that the death was due to hanging and was suicidal in nature. Investigation was started and after completion of investigation, charge sheet was submitted under Sections 498A/306 of the Indian Penal Code against the accused persons, who pleaded not guilty and claimed to be tried.;