JOYMALYA BAGCHI,J. - (1.) At the outset, it is submitted that the appellant no.2, Lakshan Mondal @ Laxman Mondal has expired. Death certificate has been placed on record. Hence, it is recorded that the appeal has abated so far as the appellant no. 2 is concerned.
(2.) The appeal is directed against the judgment and order dated 21.04.2015 and 22.04.2015 passed by the learned Additional District and Sessions Judge, Ranaghat, Nadia in connection with Sessions Trial No. 9(4)2008 corresponding to S. C. No.35 (4) 2005 convicting the appellants for commission of offence punishable under Sections 498A/304B/306/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years each and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 498A of the Indian Penal Code, sentencing them to suffer rigorous imprisonment for ten years each and also to pay a fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 304B/34 of the Indian Penal Code and further sentencing them to suffer rigorous imprisonment for ten years each and also to pay a fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 306/34 of the Indian Penal Code; all the sentences to run concurrently.
(3.) The prosecution case as alleged against the appellants is to the effect that the victim housewife, Shipra was married to the appellant No.1 Abhijit Mondal on 28th Baisakh, 1407 B.S. After the marriage, she was subjected to torture on demands of money. She was sent to her parental home when she was pregnant. After the birth of the child, she went back with her aunt along with her 14-day old daughter to her matrimonial home but the appellants abused and assaulted her and drove her away. She lodged a complaint dated 16.1.2002 at 8.26 hours. On 18.2.2002 at 5.00 P.M. she committed suicide by jumping before a moving train due to torture meted out to her by the appellants. Over this issue, her mother Swapna Bairaggya (P.W. 1) lodged written complaint resulting in registration of Santipur Police Station Case No.38 of 2002 dated 18.2.2002 under Sections 498A/306 of the Indian Penal Code. Inquest and post mortem were conducted over the dead body of the victim and charge sheet was filed. The case being a sessions triable one was committed to the Court of Sessions and transferred to the court of the learned Additional District and Sessions Judge, Ranaghat, Nadia for trial. Charges under Sections 498A/304B/306/34 of the Indian Penal Code were framed against the accused persons. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 13 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgement and order dated 21.04.2015 and 22.04.2015 convicted and sentenced the appellants, as aforesaid.;