G. R. Bhattacharjee, J. :- This appeal is directed against the judgment and order dated December 4, 1987 passed by the Assistant Sessions Judge, Kalna in Sessions Trial No. 13 of 1987 (Sessions Case No. 108 of 1987) thereby convicting both the appellants/ accused under Ss. 306 and 498A of the Indian Penal Code and sentencing them to rigorous imprisonment for 8 years 6 months and also to a fine of Rs. 2,000/- each, in default to rigorous imprisonment for 6 months more.

2. The appellant No. 1 Samir Samanta is the son of the appellant No. 2 Sreemati Sabitri Bala Samanta. He married Shantana sometime in Jaistha 1388 B. S. While she was in her matrimonial home, Shantana sustained severe burn injury on November 3, 1985 at about 2-30 p.m. inside the kitchen the door of which was found closed from inside at that time and had therefore to be broken open by P.W. 1 Dilip Pal (who is a tenant of that house) in a bid to rescue her. The fire was extinguished with effort by Dilip and the injured Shantana was rushed to Kalna hospital where she expired at about 7-00 p.m. in that very evening. It is the prosecution case that both the accused subjected the deceased to cruelty and also to hara