Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellants assailing the judgment and order of conviction dated November 6, 2003 and sentence dated November 7, 2003 passed by the learned Additional Sessions Judge, 2nd Court, Suri, District Birbhum in Sessions Trial No. March 8, 2002 arising out of Sessions Case No. 68 of 2001. By virtue of the impugned judgement appellants were convicted for the commission of the offence punishable under Sections 498A/307/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for 3 years each and to pay fine of Rs. 3000/- each in default to suffer rigorous imprisonment for 3 months more for the offence under Section 498A IPC and sentenced to suffer rigorous imprisonment for 10 years each and to pay a fine of Rs. 5000/- each in default to suffer rigorous imprisonment for 5 more months for the offence under Section 307/34 IPC with a direction that both the sentences shall run concurrently with usual direction of set off as per provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).
(2.) Prosecution case, in brief, is as follows:
(3.) P.W.2 was given in marriage with the appellant no.1 by P.W.1 but after one year of such marriage P.W.2 was subjected to cruelty by husband, father-in-law, since deceased and sister-in-law namely the appellants. P.W.2 being unable to bear such torture left the matrimonial home and started living at her father's house. P.W.1 reported the matter to Panchayat and a settlement was arrived in the village by the local Panchayat. As per the settlement P.W.1 sent P.W.2 to her husband's house on June 3, 2000. On June 5, 2000 at about 8 a.m., P.W.1 got an information from a relative of appellant that on that day at about 6 a.m. P.W.2 had been set on fire. On getting such information, P.W.1 went to the house of the appellants and found his daughter lying in the varanda in burnt condition. On being asked, P.W.2 told him that in the morning at about 6 a.m. she had been to the cowshed for cleaning. Then all on a sudden from behind her husband and sister-in-law poured kerosene oil on her person and set her on fire. She then rushed to the house of her neighbor Dhudu Mondal who extinguished the fire. P.W.1 then with the help of local panchayat took P.W.2 to Labpur Hospital and got her admitted there in severe condition. P.W.1 the lodged a written complaint (Ext.1) scribed by P.W.9 before the officer in charge of Labpur P.S. (P.W.14).;