JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 12.01.2021 passed by the Learned Additional District and Sessions Judge, Fast Track Court, Rampurhat, Birbhum in connection with Sessions Trial No. 13/February/2017 arising out of Sessions Case No. 65/2016, wherein the learned trial Court was pleased to convict the appellants namely, Suman Mondal, Urmila Mondal and Biswanath Mondal under Section 304B/498A of the Indian Penal Code. The learned Trial Court thereafter was pleased to impose sentence as follows:

(i) Rigorous Imprisonment for 7 years for committing offence under Section 304B of Indian Penal Code.

(ii) Rigorous Imprisonment for 2 years and fine of Rs.5,000/-in default to suffer Rigorous Imprisonment for 2 months for committing offence under Section 498A of the Indian Penal Code.

2. The genesis of the present case was on the basis of a letter of complaint filed by Ajay Sahu, son of Nandadulal Sahu with the Officer-in-charge, Mayureswar P.S., Birbhum on 08.06.2015 pursuant to which Mayureswar PS case no. 137/15 was registered for investigation under Section 498A/304B/306/34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act.

3.According to the allegations in the complaint, Sumitra Mondal, the sister of the complainant, married Suman Mondal (appellant no. 1) on March 7, 2014. After just a few days of marriage, Suman Mondal, his mother Urmila Mondal/appellant number 2 and his father Biswanath Mondal/appellant number 3 collectively tortured Sumitra Mondal in order to obtain an additional sum of Rs. 2 lakhs as dowry. The complainant's sister had been tolerating silently for the sake of a better future, but in the middle of April, 2015 Sumitra Mondal returned to their house/paternal home, weeping and reported that the inmates of her matrimonial home would kill her if the additional amount of dowry of Rs.2 lakh was not paid to them. On the fifth day of Jyostha, the second month of the Bengali calendar, the complainant's parents persuaded his sister to go to her in-laws' house, where the aforementioned individuals insulted him and his family, demanded more dowry and physically assaulted his sister. After comforting his sister, the complainant left her house and asked the in-laws for a settlement. After speaking with his parents, the complainant visited his sister's matrimonial home on June 4, 2015, where he asked the residents to consider the amount partially and explained their predicament. However, the accused individuals reprimanded his sister in a vulgar manner and told her to leave their home. After he left the scene, despite convincing his sister, the complainant saw her sister sobbing. Sumitra Mondal, the victim, was physically tortured on June 6, 2015, in the morning for an additional sum of Rs. 2 lakhs, and after the torture, she set herself on fire. The villagers admitted his sister to Rampurhat Hospital, but she passed away at noon on the same day. The complainant claims that all three of the accused are accountable for his sister's death.

4. Following the initiation of the case, the investigating agency was pleased to conduct their investigation and, upon completion, submitted charge-sheet before the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum. The Learned Magistrate took cognizance of the offence and was pleased to commit the case to the Learned Additional District and Sessions Judge, Rampurhat, Birbhum, after complying with the provisions of Section 207 of the Code of Criminal Procedure. The case was thereafter made over to the learned trial Court and the learned trial Court was pleased to frame charges under Section 498A/304B/34 of the Indian Penal Code along with an alternative charge under Section 302/34 of the Indian Penal Code against the accused persons.

5. The prosecution in order to prove its case relied upon 15 witnesses and 3 documents. The prosecution witnesses who deposed in th