Sengupta, J. - (1.)Present appeal has been preferred against the judgment and order of conviction and sentence dated 19.7.99 passed by the learned Sessions Judge, Malda in Sessions Trial No. 6/99 (Sessions Case No. 59 of 1991) thereby convicting the present appellant and one Mokshada Mondal under Sections 498A/304B of the Indian Penal Code. The present appellant was sentenced to suffer imprisonment for life and Mokshada was sentence to suffer R.I. for 7 years for the offence under Section 304B of the Indian Penal Code and no separate sentence was passed under Section 498A of the Indian Penal Code. Since Mokshada died after conviction, the present appeal was preferred by the convict Dhiren Mondal.
(2.)It would be relevant and convenient to reproduce, in brief, the factual scenario of the case as highlighted by the prosecution. On the basis of a complaint lodged by one Shibulal Mondal (P.W. 2) on 24.10.88 a case was registered with Kaliachak Police Station and it was alleged in the FIR that his youngest daughter Sarathi Mondal, who was married with Dhiren Mondal in the last year, was subjected to torture and ill-treatment by her husband Dhiren (present appellant) and mother-in-law Mokshada soon after the marriage. His daughter during her visit to her parental house complained such torture and everytime he consoled his daughter and sent her back to her matrimonial home. Over this issue there was a "salish" in the village in presence of the defacto-complainant and his son-in-law was held responsible for such torture upon his daughter. A few days after the said "salish" during Durga Puja, the informant took .his daughter to his house and after Durga Puja was over, one Friday his son-in-law and his nephew came to his house and took his daughter to her matrimonial home. On the next Sunday night at about 2/2.30 A.M., one Bhakti Mondal, cousin of accused Dhiren Mondal came to his village and informed the defacto-complainant that his daughter Sarathi had expired and asked him to go to her matrimonial home immediately. Having received such information the informant along with three other persons of his village proceeded to the house of his son-in-law and after reaching there he found his daughter Sarathi lying dead on the floor and froth was coming out from her nose, victim Sarathi was then carrying 9 months. It was alleged by the defacto-complainant that his daughter committed suicide by consuming poison due to unbearable torture by her husband and mother-in-law.
(3.)On the basis of the aforesaid complaint, a case was registered with Kaliachak Police Station under Sections 498A/306 IPC against accused husband Dhiren Mondal and mother-in-law Mokshada. On completion of investigation charge-sheet was submitted and the learned trial Judge after considering the materials placed before him framed charge under Sections 498A/304B of the Indian Penal Code against both the accused persons.