RAJARSHI BHARADWAJ, J.

1. This appeal arose out of a judgment 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