Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 19.09.2014 passed by the learned Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur in S.T. no. 05(08) of 2012 arising out of Sessions Case No.41 (February)2012 convicting the appellants for commission of offence punishable under Sections 498(A)/34 and 304B/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years and to pay a fine of Rs2,000/- each in default to suffer simple imprisonment for three months more for the offence punishable under Section 498A/34 of the Indian Penal Code and to suffer rigorous imprisonment for life and also to pay a fine of Rs.10,000/- each, in default to suffer simple imprisonment for six months for the offence punishable under Section 304B/34 of the Indian Penal Code. Both the sentences shall run concurrently.
(2.) Prosecution case, as alleged, against the appellants is to the effect that the victim Nasima Bibi was married to the appellant Sk. Usuf @ Sk. Md. Usuf on 12.5.2006 according to Muslim rituals. At the time of marriage, Rs. 1 lakh, 5 bhlories of gold ornaments and 15 bhories of silver ornaments were given as gift. 5/6 months after marriage Nasiba was assaulted on further demand of Rs.1 lakh by the appellants and was subjected to torture. As the victim was dark complexioned, appellant demanded such money. 21/2 years after marriage the victim gave birth of a female child. Demand of Rs.1 lakh again revived as the child was also dark complexioned. On the date of the incident victim was driven out of the matrimonial home as she could not bring the money. When she returned to the matrimonial home it is alleged that the appellants set her on fire. She was admitted to Tamluk hospital and breathed her last on 2.5.2010. P.W 1 Sk. Abdul Goni, her uncle took out an application under section 156(3) Cr.P.C. before the learned magistrate alleging commission of offences under sections 498A/302/120B against the appellants. Pursuant to the direction by the magistrate, Nandakumar PS case no. 115/10 dated 6.8.2010 under section 498A/302/120B IPC was registered for investigation. In conclusion of investigation, charge sheet was filed against the appellants. The case was committed to the court of sessions and transferred to the court of learned Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur for trial and disposal.
(3.) Charges were framed under sections 498A/302/34 IPC and alternatively under sections 306/34 IPC. The appellants pleaded not guilty and claimed to be tried.;