ASHIM KUMAR ROY, J. - (1.) IN this Criminal Appeal the appellant Nazma Bibi @ Nazma Bewa and Munni Bibi challenged their conviction under Sections 302/34 and under Section 498A of the Indian Penal Code and sentence of life imprisonment and rigorous imprisonment for 3 years respectively with fine and default clause.
(2.) BOTH the appellants along with one Munna Khan, who happened to be the son of the appellant no. 1 and the brother-in-law of appellant No. 2 were placed on trial to answer charges under Sections 498A/302/34 of the Indian Penal Code. While the said Munna Khan was acquitted of the said charges, the trial of the appellants has been ended in their conviction. The sum and substance of the prosecution case as it transpires from the FIR are as follows : "The marriage between the accused Munna Khan and Nagma Khatun @ Doli was solemnized on January 7, 2001 according to Muslim Rights and Customs. At the time of marriage the father of deceased Nagma Khatun promised to give an Almirah to the accused party as a dowry. Since her husband could not give the said Almirah the accused persons with whom the deceased Nagma used to stay at her matrimonial home started torturing her in various ways. The said accused persons also did not allow the mother, sisters and other relatives of the deceased Nagma to meet her whenever they visited her matrimonial home. The accused persons also kept her confined under lock and key and did not allow her to mix with anybody. On 25.02.2001, at about 9:30 p.m. at night Nagma Khatun @ Doli attempted to commit suicide by set on fire by pouring kerosene oil all over her body and as a result she sustained severe burn injuries. When hearing the alarm raised by her husband the local people rushed to the spot and rescued her. At that time her mother-in-law and the wife of the elder brother-in-law were present there but subsequently fled away. She was then removed to M.R. Bangur Hospital."
(3.) ON the basis of the FIR lodged with the aforesaid allegations a case under Sections 498A/326/307/109 of the Indian Penal Code was initially registered and after the victim succumbed to her injuries on February 27, 2001 Section 302 of the Indian Penal Code was added.;