Joymalya Bagchi, J. - (1.) The Appeal is directed against judgment and order dated 3.2.2014 passed by learned Additional Sessions Judge, Bishnupur, Bankura in Sessions Trial No. 01(03) 09 arising out of Sessions Case No. 16(02)13 convicting the appellants for commission of offence punishable under Sections 498A/304B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- each, in default to suffer imprisonment for six months more each for the offence punishable under Section 304B of the Indian Penal Code and to suffer simple imprisonment for three years and to pay a fine of Rs.2,000/-, in default to suffer imprisonment for one month more each for the offence punishable under Section 498A of the Indian Penal Code. Both the sentences to run concurrently. The fine amount, if realised, shall be paid to the mother of the victim (P.W.8).
(2.) The prosecution case, as alleged against the appellants, is to the effect that on 9.12.2010 Poulami @ Rama was married to appellant no.2, Raj Kumar Bairagya according to Hindu rites and customs. As per the demands of the appellants, father of the victim housewife, Swapan Das (P.W.5) gave Rs.10,000/- in cash, gold earrings for both ears, wearing apparels, boxes etc. as dowry. Due to economic constraints he was unable to give two gold bangles, money, beddings at that time. After a few days the appellants started physical and mental torture on the victim on further demands of dowry. The appellants used to abuse her in filthy language and assaulted her. Despite several requests torture upon the victim did not subside. In the month of October, the victim gave birth to a minor daughter. Subsequently the torture increased upon the victim. On 10.9.2012 around 11.30 at night appellant no.1 Swapan Bairagya, father-inlaw of the victim informed over phone to P.W.5, Swapan Das that his daughter was missing from her matrimonial home. P.W.5 advised the appellants to inform the matter to the local police. On the next day around 5 a.m. P.W.5 was informed over phone that the dead body of the victim was lying in the pond. He rushed to the place of occurrence. He believed that the victim had been murdered on further demands of dowry and her body was thrown into the pond. Over the incident he lodged complaint with Patrasayer Police Station resulting in the registration of Patrasayer P.S. Case No. 102 of 2012 dated 11.9.2012 under Sections 498A/302/304B/34 of the Indian Penal Code.
(3.) In conclusion of investigation, charge sheet was filed against the appellants and the case was committed to the Court of Sessions and thereafter transferred to the court of Additional Sessions Judge, Bishnupur, Bankura, for trial and disposal. Charges were framed under Sections 498A/304B/302/34 of the Indian Penal Code against the appellants. The appellants pleaded not guilty and claimed to be tried.;