Jay Sengupta, J. - (1.) This appeal is directed against the judgement and order of conviction dated 29th June, 2004 and sentence dated 30th June, 2004 passed by the learned Additional Session Judge, Fast Track Court No. 2 Purulia in Session Trial No. 48 of 2003; Session Case No. 97 of 2003, thereby convicting the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Rs. 5000/-, in default to suffer further two years' simple imprisonment and further convicting the appellant under Section 498A of the Indian Penal Code and sentencing each of them to suffer simple imprisonment for four months and to pay a fine of Rs. 1000/-, in default to suffer further simple imprisonment for one month. While the grand mother-in-law of the victim was acquitted from a charge under Section 302 read with Section 34 of the Indian Penal Code, she was convicted for committing an offence under Section 498A of the Indian Penal Code and sentenced to suffer simple imprisonments for four months and to pay a fine of Rs. 1000/-, in default to suffer simple imprisonment for one month. The appellant No. 1 is the husband of the victim / deceased in this case and the appellant Nos. 2 and 3 are her father-in-law and mother-in-law, respectively.
(2.) On 20th March, 1998 at about 11.35 hours PW 4, the de facto complainant / father of the victim / deceased lodged a First Information Report with the Jhaldha Police Station that soon after the marriage of her 19 years old daughter with the appellant No. 1, the husband and the other-inlaws started torturing her. In fact, on 19.03.1998 the victim had come back to his house crying and alleging physical assault by the accused. But, sometime later the appellant No. 2 had come and taken her back to the matrimonial home. It was further alleged that at about 7 A.M in the next morning the victim's grand mother-in-law Fulmoni Kumar came to that house to intimate that the appellant No. 2 had asked him to come to his house. When he went there he did not find anyone home. There were marks of some disturbance. After entering the house he found that his daughter Kajala Kumar was lying dead with a cut mark of "Bhojali" on her throat and blood spilt everywhere. He became certain that the victim's husband and other-in-laws had murdered her.
(3.) Investigation began. An inquest was held on 20.03.1998 at about 13.15 hours at the place where the body was found. A post mortem was conducted on the dead body of the victim on the same date i.e, on 21.03.1998 at about 12.30 hours by PW 3. The cause of death given was due to shock haemorrhage associated for spinal cord injury which was ante mortem and homicidal in nature. The injury was caused by heavy sharp cutting weapon. Charges were framed on 22.08.2003.;