Bibek Chaudhuri DECISION
Bibek Chaudhuri, J.
1. The appellants being aggrieved against the judgment and order of conviction and sentence dated 8th December, 2016 passed by the learned Additional Sessions Judge, 5th Court at Barasat, North 24 Parganas in Sessions Case No. 19(12)12 corresponding to Sessions Trial No. 2(5)13 has preferred the instant appeal under the provision of Section 374 of the Code of Criminal Procedure.
2. The appellants were convicted for committing offence under Section 498A and 304B of the Indian Penal Code and they were sentenced simple imprisonment for two years and fine of Rs. 1,000/- for offence punishable under Section 498A of the India Penal Code (for short, IPC) and rigorous imprisonment for seven years for offence punishable under Section 304B of the Indian Penal Code.
3. On 5th August, 2011, one Nirmal Ghosh lodged a written complaint before the Officer-in-Charge Ashokenagar P.S. stating, inter alia, that marriage of his daughter Soma was solemnized with Netai Ghosh (appellant No. 1) on 5th Ashar 1417 B.S. corresponding to 20th June, 2011. At the time of marriage the defacto complainant gave bridal presents as per his financial capacity. It was decided before marriage that the defacto complainant would give a gold chain to the appellants within six months of the said marriage. However, immediately after marriage, appellant No. 1, his mother Smt. Kali Ghosh (appellant No. 2) and the husband of the sister of appellant No. 1 namely, Shankar Ghosh used to abuse her with filthy language. Soma used to inform the said incident over phone to the defacto complainant and other paternal relations. The husband of Soma also used to assault her physically. Shankar used to give indecent proposal to her. On 4th August, 2011 at about 7 pm the defacto complainant came to know that his daughter Soma died consuming poison. According to him Soma committed suicide failing to bear physical and mental torture on demand of dowry inflicted upon her by her husband, mother-in-law and the said Shankar Ghosh.
4. On the basis of the said complaint, Ashokenagar P.S. Case No. 328 dated 5.8.2011 under Section 498/304B/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act was registered by police and the case was taken up for investigation.
5. On completion of investigation police submitted charge sheet against the above named three accused persons. The case was committed to the learned Sessions Judge, North 24 Parganas who in turn transferred the case to the learned Additional Sessions Judge, 5th Court at Barasat for trial.
6. The learned trial judge framed charge against the accused persons under Section 498A/304B of the IPC. As the accused persons pleaded not guilty, trial of the case commenced.
7. During trial prosecution examined eight witnesses. Amongst them PW1 is the defacto complainant and father of the deceased. PW2 and PW4 to PW6 are the near relative of the deceased. PW3 is the scribe who wrote the FIR under the dictation of the defacto complainant. PW7 Dr. Shakti Pada Sardar is the Autopsy Surgeon. PW8 Md. Imran Hossain, S.I. of........