( 1 ) THIS appeal was directed against the judgment and order of conviction dated 18. 12. 1990 under section 498a and 304b of the Indian Penal Code passed by Sri R. B. Roy, learned Additional Sessions Judge, First Court, Midnapore whereby he was pleased to sentence both the appellants to suffer rigorous imprisonment for a term of two years and to pay a fine of Rs. 2000/- each, in default, to suffer rigorous imprisonment for six months more for the offence under section 498a and to suffer life imprisonment and also to pay a fine of Rs. 5000/- each, in default rigorous imprisonment for two years for the offence under section 304b IPC.

( 2 ) THE fact of the prosecution case in brief is that the victim Rinarani Darbar, daughter of Prafulla Kumar Jana, the informant was married with the appellant Gopal Darbar on 28th Falgoon, 1393 B. S. It was agreed upon at the time of marriage that Prafulla would pay a sum of Rs. 9,000/- to the appellant Gopal as dowry and out of the said amount a sum of Rs. 4,500/- was paid to Gopal. It was further agreed upon that the balance sum of Rs. 4,500/- would be paid within one year of the marriage. It was alleged that Gopal perpetrated tortu