Judgment

Nanavati. J.-Both these appeals arise out of the judgment of the High Court of Calcutta in Criminal Appeal No. 337/85. Criminal Appeal No. 483/87 is filed by the two convicted accused and Criminal Appeal No. 411/95 is filed by the State as the third Accused was acquitted by the High Court. All the three accused were convicted by the trial Court under Section 302 read with Section 34 IPC for causing death of Neelam @ Pinky. The High Court confirmed the conviction of Santosh Rani and Virendra, mother-in-law and husband of Neelam respectively but acquit­ted Rabindra, brother-in-law of Neelam.

2. Neelam had married Virendra Kumar Jain about 4 months before the date of the incident which took place on 7.9.1980. The prosecution case was that soon after the marriage, particularly the mother-in-law and her husband started harassing and torturing her as proper amount of dowry was not paid. Initially the brother of Neelam had paid Rs. 11,000/- and after few days Rs. 11,000/- more were paid as dowry. As Chairman Lal, father-in-law of Neelam was still not satisfied with that amount. The brother of Neelam gave a pay order of Rs. 22,500/- in his name. A few days prior to the incident he