Tirthankar Ghosh, J. - (1.) The revisional application has been preferred against the judgment and order dated 18th May, 2006 passed by the Ld. Additional Sessions Judge, 2nd Court, Barasat in Criminal Appeal No. 21 of 2003 wherein the Ld. Appellate Court was pleased to modify the judgment and order of conviction and sentence passed by the Assistant Sessions Judge, 2nd Court, Barasat dated 30th August, 2003 and 1st September, 2003 in ST Case No. 6(5) of 2002. It is apposite to state that the Ld. Assistant Sessions Judge being the Trial Court convicted the petitioners both under Sections 498A and 306 of the IPC and sentenced them for two years and to pay a fine Rs. 1,000/- each, in default simple imprisonment for three months for the offence under Section 498A of the IPC and to suffer rigorous imprisonment for four years and to pay a fine of Rs. 2,000/- each in default simple imprisonment for six months for the offence under Section 306 of the IPC. The Appellate Court acquitted the petitioners under Section 306 of the IPC however, retained the conviction and sentence so imposed by the Ld. Trial Court under Section 498A of the IPC.
(2.) The present petitioners preferred this revisional application being aggrieved by the conviction and sentence so passed under Section 498A of the IPC by the Ld. Appellate Court being the Ld. Additional Sessions Judge, 2nd Court, Barasat.
(3.) The prosecution case in short is that the victim, Jahanara Bibi was married with the accused Khalil Mondal about 8 years prior to the date of the unfortunate incident of her death. According to the materials collected by the Investigating Officer (IO), after her marriage the victim went to her matrimonial home within the jurisdiction of Deganga Police Station, North 24 Parganas and started residing there. During the subsistence of her marriage she gave birth to a female child and thereafter a male child was born out of the same wedlock. It is alleged that after the birth of her first child the accused persons started creating pressure upon her to bring more money from her parents which from time to time was satisfied by her father however, the accused persons continued assaulting the victim and inflicted both physical and mental torture upon her. Such fact was brought to the notice of her father, who tried to settle the matter amicably through the respectful persons of the locality. A general diary being GD No. 850 dated 21st March, 1996 was also filed with the Deganga Police Station. Lastly on 18th November, 1999 at about 4 pm it was informed that victim Jahanara Bibi committed suicide by consuming poison, she was shifted to Barasat Hospital for treatment and on 19th November, 1999 at about 5:25 am she breathed her last.;