JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court directing acquittal of the three appellants before it who are described hereinafter as accused no. 1, 2 and 3 respectively. Respondent No.1-Dipak Halder was married to one Rimu (hereinafter referred to as the ‘deceased’). Alleging that deceased Rimu was killed by respondent No.1 and that she was tortured, for non-fulfillment of dowry on demand, prosecution was launched. Carge under Section 498A read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘Code’) was framed against all the three accused persons. Charge under Section 302, IPC was framed against respondent No.1, Dipak Halder while charge under Section 302 read with Section 109, IPC was framed against other two accused persons.

2. Prosecution version in an outset is as follows :

The deceased Rimu, daughter of Bimalendu Ganguly, was married to accused Dipak Halder on 18.2.1986. Bimalendu failed to pay the agreed dowry amount of Rs.10,000/- on the date of marriage. Although the other articles which he agreed to give by way of marriage gift were duly given. Due to non-paymen