R. BHATTACHARYYA, J.

( 1 ) THIS criminal appeal stems out the order of conviction and sentence passed against the accused persons for having committed offences under section 302/34 of the IPC and section 201/34 of the IPC convicting Bimal for imprisonment of life and both Siprarani and Kalidasi under section 201/34 of the IPC according to them the benefit of section 360 of the CRPC when this appeal for reversal of the order of conviction and sentence.

( 2 ) THE Hon'ble Justice Sagir Ahmed in Ajit Savant Majagvai v, State of Karnataka 1997 SCC (Cri) 992 spoke for the bench that 'battle of sexes has always been a battle of wits. Today it is denuded of its charms. It has degenerated into a war involving physical violence, torture, mental cruelty and murder of the female including partly the wife. "

( 3 ) WHEN we embark upon to scrutinise the authorship of the crime of the unfortunate story of torture and ill treatment, as alleged on Archana meated out to her which had resulted in her premature death at the hands of her relations and the appellant took a vow before the nuptial fire to be not only saviour but also guard her against all odds. In short, the vow or the promise so made by him attributed, in particular, to her husband who only acknowledged that he was the friend, philosopher and guide of his wife. The above vow which was fluid before the nuptial fire, in reality, followed in marital life in letter. It is the normal wear and tear in the marital life which is inevitable but the marital relationship came to a such pass that could lead to a death is unimaginable.

( 4 ) IN our tempestuous voyage in quest of truth, it is notorious to find from the evidence that the vow or marital oath was totally polluted and made the marital life to suffer from despondency and brutalities. The tragic incident took place in the night of 13/14. 7. 81 at Baguipara Baikuntapur within the PS Sonarpur, District South 24 Pgs. Both Bimal the principal accused and Archana were married according to Hindu rites but the marital life as between the two bore a few holes which could never be plugged. The illfated Archana, the newly weded wife ultimately turned to be the target of illtreatment plus torture of which Bimal the principal accused was the author. She was often beaten up by her husband which reached the parents via the deceased and the neighbours. The attempt to bring harmony in the marital life, though insisted on by the neighbour did not fructify, in view of the intolerable dehumanising conduct and treatment of Bimal. In fact, the marital life was full of sore.

( 5 ) SOMEHOW, or the other, an intimation was sent to the police station by the resident of Baikuntapur about the homicidal death of Archana which set the law into motion. On the basis of the intimation, Sonarpur PS started a U. D. Case being U. D. Case No. 36 of 14. 7. 81 which ended in submission of final report consequently gave rise to the animation of Sonarpur police station Case No. 36 of 81 under sections 302/34 and 201/34 of the IPC.

( 6 ) IN course of investigation, the investigating agency recorded the statements of the different witnesses, held inquest over the dead body to be the dead body of Archana Biswas, sent the same for post-mortem report, seized various articles and examined witnesses. The statement was also recorded of one Dulal Bose by the Judicial Magistrate under section 164 of the CRPC.

( 7 ) ON termination of investigation, charge-sheet was submitted. It was transparent from the charge-sheet that offence alleged above have been committed by the accused persons who were sent up for trial before the learned SDJM. He was of the view that the case was exclusively triable by the court of sessions, for which, he committed the case and the accused to the court of sessions to stand the trial.

( 8 ) AFTER taking cognizance under section 193 of the Code of Criminal Procedure. the case made over to the learned Additional District and Session Judge for conclusion who

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