JUDGMENT

Dharmadhikari, J.-Leave to appeal, as prayed for, is granted.

Counsel for the parties are heard at length.

2. The appellants are accused of commission of offence of alleged cruel treatment meted out to deceased - Kana Banerjee, punishable under Section 498A of the Indian Penal Code and abetting her suicidal death punishable under Section 306, IPC.

3. On the evidence produced by the prosecution, the trial court acquittal them. But in revision, preferred by mother of the deceased, the High Court by the impugned order has set aside the acquittal and directed a de novo trial.

4. The necessary facts leading to the trial and eventual remand by the High Court for fresh trial are as under:

Appellant No.1 was married to the deceased in the year 1990. She was employed in Railways and was regularly attending to her duties. Her parents also lived not far away from her matrimonial home. On 25.10.1995 she was found dead. The accused-husband had informed her parents of her death. It is the case of her mother that soon after the incident, a First Information Report was lodged with the police alleging harassment and cruel treatment to her by the accused. The said FIR has not been produced. The F