Rajarshi Bharadwaj, J. - (1.) The instant appeal has been preferred by the appellants assailing the judgement and order dated 28th May, 2012 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Barrackpore, North 24 Parganas in Sessions Case no. 22 of 2006 corresponding to Sessions Trial no. 4(12) of 2007, whereby the learned Judge convicted the appellants and sentenced them to suffer rigorous imprisonment for seven years for the offence punishable under Section 304B of the Indian Penal Code and further sentenced them to suffer rigorous imprisonment for two years for the offence punishable under Section 498A of the Indian Penal Code and both the sentences would run concurrently.
(2.) The brief fact of the prosecution case is that one Rampada Ghosh, father of the victim lodged a written complaint before the Officer-in-Charge, Naihati Police Station on 8th May, 2006 at 14.20 hours alleging that he gave marriage of his daughter Rupa Ghosh with the accused Chandan Ghosh, who is the eldest son of the accused Ashok Kumar Ghosh in the month of April, 2002 as per Hindu rites and customs. After marriage Rupa went to the house of the accused persons for her conjugal life but they started to impose fear and threat upon Rupa, to obtain illegally gold ornaments and other valuable articles by saying they would kill her. The complainant was a milkman and in spite of his poor financial condition, he paid once Rs. 2000/- and subsequently Rs. 5,000/- to the accused persons on hope Rupa should not be tortured. After 1 & months Rupa told the complainant that the accused persons were demanding a gold necklace, the complainant also gave the same to the accused persons. Few days ago the accused Basanti Ghosh, mother-in-law of his daughter came to the complainant and demanded Rs. 1,00,000/-The complainant thought about his daughter and on 5th April, 2006 he gave Rs. 50,000/- to the accused Basanti Ghosh, but Rupa informed the complainant that unless Rs. 50,000/- is paid within a short period, the accused persons would kill her. Thereafter, on 8th May, 2006 the complainant received the news of such incident at about 12 noon from his cousin Ashok Ghosh that Rupa died in Naihati State General Hospital. The complainant rushed to the hospital and came to know that Rupa committed suicide by hanging herself. The accused persons did not inform the complainant about such occurrence. The complainant saw the dead body of Rupa and found several injuries on hands, legs and other parts of the body. On being asked the accused persons did not give any answer. It was alleged that the accused persons inflicted severe mental and physical torture upon Rupa on demand of Rs. 50,000/- and in such compelled situation Rupa committed suicide. The complainant thus prayed to take legal action against the accused persons.
(3.) On the basis of the written complaint, a criminal case, being Naihati P.S. Case no. 106 dated 8th May, 2006 was initiated against the accused persons for the offence punishable under Sections 498A/304B of the Indian Penal Code. Investigation was started and after completion of investigation, charge sheet was submitted on 3rd August, 2006 against the accused person for the offence punishable under Sections 498A/304B of the Indian Penal Code. After compliance of the provisions of Section 207 of the Code of Criminal Procedure, the learned Additional Chief Judicial Magistrate, Barrackpore committed the case to the Court of Sessions on 22nd May, 2007.;