JUDGMENT :

Ananya Bandyopadhyay, J.

1. This instant criminal appeal is filed against the judgment and order dated 28.04.09 passed by the Learned Additional Sessions Judge, Fast Track, 1st Court, Malda in Sessions Case No. 18/2006 being Sessions Trial NO. 1(1)/2008, convicting the appellants under Section 498A/304B/34 of the INDIAN PENAL CODE and sentencing the appellants to suffer simple imprisonment for 7 years each for the offence 304B of the INDIAN PENAL CODE and to suffer simple imprisonment for 2 years and to pay a fine of Rs. 500/-each in default to suffer further simple imprisonment for 2 months each for the offence under Section 498A of the INDIAN PENAL CODE .

2. The prosecution case precisely stated that on 19.09.02 at 19:35 hrs one Mukul Rani Das lodged a complaint at Harishchandrapur Police Station on an allegation that her daughter namely Smriti Das aged about 23 years was married to Shyamapada Saha providing sufficient dowry. After one and half years of peaceful marriage accuseds Radhyeshyam Saha, Subhas Saha started to torture upon her both physically and mentally.

3. It was further alleged that accused Shyamapada Saha at the instigation of accused Radhyashyam Saha, Subha