Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order of conviction and sentence dated 22.12.2016, 04.01.2017 and 05.01.2017 respectively passed by the learned Additional District & Sessions Judge, Fast Track, 2nd Court, Asansol 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 two years each and to pay a fine of Rs.2000/- (Rupees Two Thousand) each, in default to suffer simple imprisonment for two months more for the offence punishable under sections 498A of the Indian Penal Code and sentencing appellant no.1 to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand) , in default to suffer simple imprisonment for six months more and sentencing appellant no.2 to suffer rigorous imprisonment for a period of seven years and pay a fine of Rs.5,000/- (Rupees Five Thousand), in default to suffer simple imprisonment for three months more for the offence punishable under Section 304B of the Indian Penal Code. All the sentences to run concurrently.
(2.) The prosecution case, as alleged, against the appellants is to the effect that the appellant no.1 was married to the victim in the month of July, 2002 according to Hindu rites and customs. At the time of marriage gold ornaments and cash of Rs.60,000/- was given to appellant no.1 as dowry. Soon after the marriage the appellants subjected the victim to torture for bringing more money from her parental house but such demands could not be fully met. Three days prior to the death of the victim, a cot was demanded by the appellants from the family members of the victim but the demand could not be met and the victim was subjected to torture. Finally on 12.08.2007 the father of the victim, Sri Sitaram Das (PW 1) received an information over telephone that his daughter had been admitted to hospital in a burnt condition. He rushed to the hospital and found that his daughter had died. A written complaint was lodged before the Kulti PS by him. On the basis of the written complaint, Kulti PS Case No.266 of 2007 under Sections 498A/306/34 IPC against the appellants and one Kedar Das, father of the appellant no.1, was registered.
(3.) In conclusion of investigation, charge sheet was filed under Section 498A/304/306/34 IPC against the appellants. The case was thereafter committed and transferred to the Court of Additional Sessions Judge, Fast Track, 2nd Court, Asansol for trial and disposal. In the meantime Kedar Das died and charges were framed against the appellants under Sections 498A/304B/306/34 IPC.;