Rajarshi Bharadwaj, J. - (1.) This appeal arose out of a judgement and order dated 15th December, 2011 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Berhampore, Murshidabad in Session Serial Case no. 565 of 2004 (Session Trial no. 15(12)/2004) convicting the appellants under Section 498A of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- each; in default to suffer rigorous imprisonment for six months for the offence punishable under Section 498A of the Indian Penal Code.
(2.) The prosecution case in brief is that on 1st September, 2003 at 18.05 hours one Tenu Sk., son of Sabdul Sk of village Shialmara, P.S. Berhampore, Murshidabad lodged a complaint at Berhampore Police Station alleging that the marriage of his daughter Jarina Bibi was solemnized with the accused Sajibar @ Mujibar Sk of village Udaychandpur as per Muslim rites and customs about four years back. After marriage his daughter started residing at her in-law's house with the accused persons, where she was subjected to cruelty by her husband and also father and brother of her husband both physically and mentally without any reason. The accused persons used to declare that they had no need of such housewife. While Jarina Bibi used to come to her father's house, she disclosed to her parents about the fact of torture upon her by the accused persons. On 31st August, 2003 at about 5.00 p.m. she was taken back to her in-law's house by her mother and kept her there. On the date of incident the mother of Jarina bibi came back to their house in village Shialmara at about 8.00 a.m. and got an information through the people that their daughter died by consuming poison. On receipt of the said information they reached to the in-law's house of Jarina Bibi in village Udaychandpur and found their daughter was lying dead. Jarina Bibi was compelled to commit suicide by consuming poison, as she could not bear the torture upon her by the accused persons.
(3.) On the basis of the written complaint, a criminal case, being Berhampore P.S. Case no. 269/2003 dated 1st September, 2003 was initiated against the accused persons. Investigation was started and after completion of investigation, charge sheet was submitted before the learned Chief Judicial Magistrate, Murshidabad, Berhampore. Thereafter, the case was committed to the Court of the learned Sessions Judge, Murshidabad at Berhampore and during proceeding charge was framed under Sections 498A/34 and 304B/34 of the Indian Penal Code against the accused person, who pleaded not guilty and claimed to be tried.;