JUDGMENT :

Debangsu Basak, J.

1. The appeal is directed against a judgment of conviction dated January 11, 2019 and the order of sentence dated January 17, 2019 passed by the learned Additional District and Sessions Judge, Fast Track Court, Kalna in Sessions Trial No.40 of 2016 arising out of Sessions Case No.30 of 2016.

2. By the impugned judgment of conviction, the appellants were convicted under Sections 498A/302/201 of the Indian Penal Code, 1860. By the impugned order of sentence, the appellant no.1 was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-and in default, to suffer further simple imprisonment for six months for the offence punishable under Section 302 of the Indian Penal Code, 1860. Appellant no.1 was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.3,000/-and in default to suffer further simple imprisonment for three months for the offence punishable under Section 498A of the Indian Penal Code, 1860 and appellant no.1 was sentenced to suffer simple imprisonment for seven years for the offence punishable under Section 201 of the Indian Penal Code, 1860. The appellant no.2 was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-and in default, to suffer further simple imprisonment for six months for the offence punishable under Section 302 of the Indian Penal Code, 1860. Appellant no.2 was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.3,000/-and in default to suffer further simple imprisonment for three months for the offence punishable under Section 498A of the Indian Penal Code, 1860 and appellant no.2 was sentenced to suffer simple imprisonment for seven years for the offence punishable under Section 201 of the Indian Penal Code, 1860.

3. Mother of the victim, the prosecution witness (P.W.) no.1 lodged a written complaint with the police on November 3, 2014 with regard to the death of the victim. In such written complaint, it was stated that, the victim was married 20 years ago to the appellant no.1. Right after marriage on different grounds, appellant no.1 started torturing both physically and mentally and frequently threatened to kill her. Appellant No.1 tried to burn the victim 15 years ago and about 10 years ago, the appellant no.1 tried to kill the victim by pressing the pillow on her face. On that occasion, the victim somehow escaped and survived. Appellant no.1 married again about three years ago and after marriage, degree of torture increased upon the victim. On November 2, 2014, appellant nos.1 and 2 along with the mother of the appellant no.1 with the help of two or three women killed her daughter and drowned her in the water of the pond. After searching continuously, on November 3, 2014 at 4.30 pm, the dead body of the victim was found floating in the pond.

4. On the basis of such written complaint, Monteswar Police Station Case No.185/14 dated November 3, 2014 under Sections 498A/302/201/120B/34 of the Indian Penal Code, 1860 against the two appellants and the mother of the appellant no.1 was registered.

5. Police submitted charge sheet against the two appellants and the mother of the appellant no.1 and framed charges against three persons on December 6, 2016 under Sections 498A/302/34/201 of the Indian Penal Code, 1860.

6. The accused persons pleaded not guilty and claimed to be tried. At the trial, prosecution examined thirteen witnesses and relied upon various documentary and material exhibits to bring home the charges against the accused persons.

7. Learned Advocate appearing for the appellants submits that the prosecution was unable to prove the case beyond any reasonable doubt. Referring to the testimonies of the various prosecution witnesses, learned Advocate appearing for the appellants submits that, although presence of appellant no.2 in the house was sought to be established by the evidence of P.W.3 and defence witness (D.W.) 1, the prosecution failed to establish