Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 19th December, 2003 passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Case No. 11 (8) 2002 [Sessions Trial No. 9 (9) 2002] convicting the appellants for commission of offence punishable under Sections 498A/306 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/- each, in default, to suffer simple imprisonment for six months more for the offence punishable under Sections 306/34 IPC and to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000/- each, in default, to suffer simple imprisonment for three months more for the offence punishable under Section 498A IPC; both the sentences to run concurrently.
(2.) The prosecution case as alleged against the appellants is to the effect that the victim, Chandana was married to the appellant no.3, Tapan Dana on 14th Baisakh, 1405 i.e. 28th April, 1998 according to Hindu rites and customs. At the time of marriage, a sum of Rs.25,000/- with two bhories of gold ornaments, domestic utensils etc. were given as dowry. Soon after the marriage she was subjected to physical and mental torture by the appellants who resided together in joint mess. She disclosed such incident to her family members when she visited her parental home. However, the torture upon her increased. 3-4 days prior to her death, her parents went to her matrimonial home and wanted to bring her back but the appellants did not permit her to go to her parental home. On 29th March, 1999 around 12:00 noon, mother of the victim (PW4) again went to her matrimonial home to bring her back but on her way she heard that the victim was murdered and had been taken away to hospital. Over the incident, father of the victim, Prabodh Nandi (PW3) lodged written complaint resulting in registration of Bankura Police Station Case No. 61/99 dated 29th March, 1999 under Sections 498A/304B IPC. In conclusion of investigation, charge-sheet was filed against the appellants under Sections 498A/304B of the Indian Penal Code. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 2nd Court, Bankura for trial and disposal. Charges were framed under Sections 498A/304B/34 IPC against the appellants. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 16 witnesses and exhibited a number of documents. It was the specific defence of the appellants that the victim suffered from incurable gynaecological problems and as a result she was mentally depressed and committed suicide. In conclusion of trial, the trial Judge by the impugned judgement and order dated 19th December, 2003 convicted and sentenced the appellants, as aforesaid.
(3.) Nobody appears on behalf of the appellants.;