JUDGMENT

Joymalya Bagchi, J. - These appeals are directed against the judgment and order dated 19.12.2011 and 20.12.2011 passed by the learned Additional Sessions Judge, 4th Court, Suri, Birbhum in Sessions Trial No. 3(1) 2011 arising out of Sessions Case No.172 of 2010 convicting the appellants for commission of offence punishable under Sections 498A/304B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and sentencing them (appellants in C.R.A. 51 of 2012 i.e. Shanti Chandra Pal and Jyostna Pal) to suffer rigorous imprisonment for a period of ten years for the offence punishable under Section 304B of the Indian Penal Code, to suffer rigorous imprisonment for a period of three years and to a pay a fine of Rs.5,000/- each in default to suffer further rigorous imprisonment for six months more for the offence punishable under Section 498A of the Indian Penal Code, to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs.15,000/- each in default to suffer rigorous imprisonment for six months more for the offence punishable under Section 3 of the Dowry Prohibition Act and to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- each in default to suffer further rigorous imprisonment for one month more for the offence punishable under Section 4 of the Dowry Prohibition Act and convicting the appellant Nemai Chandra Pal (appellant in C.R.A. 53 of 2012) to suffer simple imprisonment for a period of seven years for the offence punishable under Section 304B of the Indian Penal Code, to suffer simple imprisonment for a period of two years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for six months more for the offence punishable under section 498A IPC and to suffer simple imprisonment for a period of five years and to pay a fine of Rs.15,000/- in default to suffer simple imprisonment for six months more for the offence punishable under section 3 of Dowry Prohibition Act. All the sentences to run concurrently.

2. The crux of the prosecution case is the unfortunate demise of a young bride within one year of her marriage. Rama was married to Shanti Pal, appellant No.1 in C.R.A. 51 of 2012, on 20.06.2007 according to Hindu rites and customs. At the time of marriage upon the demands of the appellants and co-accused Chandana Pal (sister-in-law of the victim) Rs.1,30,000/- in cash, 10 bhories of gold, one Hero Honda Splender motor cycle and furniture were given as dowry. This did not satiate the greed of the husband and in-laws. They subjected the housewife to torture on further demands of dowry. Additional amount of Rs.10,000/- was paid by Bama Charan Pal (PW 6), father of the victim. Torture, however, continued unabated and finally on the fateful day i.e. 04.03.2008 the victim was found hanging from the end of her sari at her matrimonial home. Husband and in-laws were missing. On the written complain of Bama Charan Pal (PW 6), Khoirasole Police Station Case No. 11 of 2008 dated 05.03.2008 under Section 498A/304B of the Indian Penal Code was registered for investigation.

3. In conclusion of investigation charge sheet was filed against the appellants and co-accuseds Soma Pal and Chandana Pal. Charges were framed under Sections 498A/304B of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. Accused persons pleaded not guilty and claimed to be tried. In the course of trial prosecution examined 16 witnesses and exhibited a number of documents. Defence of the appellants was one of innocence and false implication. Co-accused Soma Pal examined herself as D.W. 1. In conclusion of trial, the learned trial Judge by the impugned judgment and order dated 19.12.2011 and 20.12.2011 convicted and sentenced the appellants, as aforesaid. However, by the selfsame judgement and order, Soma Pal and Chandana Pal were acquitted of the charges levelled against them.

4. Mr. Banerjee, learned advocate appearing for the appellants submitt