Ravi Krishan Kapur, J. - (1.) This is an appeal directed against the judgment and order dated 26 of February, 2013 and 27 February, 2013 passed by the Learned Additional Sessions Judge, First Court, Alipore in Sessions Trial No.02(03)2009 arising out of Sessions Case No. 62(09) 2000 convicting the appellants being the husband and the father-in-law under Sections 498A and 302 of the Indian Penal Code respectively.
(2.) By the impugned order the appellant husband namely Shyam Mondal and his father namely Inolal Mondal have been sentenced to suffer 3 years rigorous imprisonment and pay a fine of Rs.3000 each, in default to suffer rigorous imprisonment for 3 months each for the offence punishable under Section 498A of the IPC and they have also been sentenced to suffer rigorous imprisonment for life each and pay a fine of Rs.5000 each, in default to suffer rigorous imprisonment for 1 year each for the offence under Section 302 of the IPC. Both the sentences were directed to run concurrently.
(3.) The case of the prosecution is that a written complaint was filed by the complainant, being the brother of the deceased victim. In the said complaint it is alleged that the deceased victim being the younger sister of the complainant was married to one Shyam Monal the appellant no.1 for about 10/11 months. They were residing at the home of her in-laws at Vivekananda Village within the area of Sonarpur P.S. On 30 April, 1998 at about 11.30 P.M. the deceased victim was set on fire in the presence of her husband, mother-in-law, father-in-law and sister-in-law in a closed room of her in-laws house after gagging her mouth. The other members being the in-laws silently witnessed and enjoyed the burning of the deceased victim. Thereafter, some neighbours rushed to the spot to douse the flames and took the victim to the hospital in a burnt condition.;