Dipankar Datta, J. - (1.) Badal Biswas and his wife, Parul Biswas, along with their son, Basudeb Biswas (hereafter 'the accused' for short, wherever referred to collectively), faced trial before the relevant sessions judge for commission of offence punishable under sections 498A/304B/34 of the Indian Penal Code (hereafter 'the IPC' for short), alternatively under sections 302/34 of the IPC, following the death of Basudeb's wife, Shila (hereafter 'the victim'), in unnatural circumstances. Judgment was delivered by the sessions judge on September 9, 2015. It was held by him that Basudeb deserves the benefit of doubt and consequently, he was acquitted under section 235(1) of the Code of Criminal Procedure (hereafter 'the Cr.P.C.' for short). Insofar as Badal and Parul (hereafter 'the parents-in-law' for short, wherever referred to collectively) are concerned, they were held guilty of commission of offence punishable under sections 498A/302 of the IPC, and consequently sentenced on September 23, 2015. For the offence under section 498A of the IPC, the parents-in-law were sentenced to 2 (two) years rigorous imprisonment and fine of Rs.1,000/- each, in default to suffer 3 (three) months' simple imprisonment, whereas for the graver offence under section 302 of the IPC, they were sentenced to imprisonment for life and fine of Rs.5,000/- each, in default to suffer 6 (six) months' simple imprisonment. The sentences were directed to run concurrently.
(2.) Aggrieved thereby, Badal (hereafter 'A-1' for short) and Parul (hereafter 'A-2' for short) exercised their statutory right of appeal guaranteed by sub-section (2) of section 374 of the Cr.P.C. The appeal was heard by an Hon'ble Division Bench of this Court. Judgment, delivered on such appeal on January 25, 2017, revealed a difference of opinion between the learned judges comprising the Bench. The presiding judge of the Bench upheld the conviction of A-1 and A-2, while the conviction was upset by His Lordship's companion judge. A reference was thus made under section 392 of the Cr.P.C. which having reached the Hon'ble the Acting Chief Justice, the appeal was laid before this Bench for delivering its opinion.
(3.) Mr. Das, learned advocate representing A-1 and A-2 and Ms. Chatterjee, learned advocate appearing for the respondent have been heard and the evidence, material for delivery of opinion, perused.;