P.B. MUKHARJI, J. :- The petitioner in this criminal revision was convicted by the Assistant Sessions Judge, Hooghly under Ss. 376 and 493 of the Penal Code and sentenced to four years rigorous imprisonment under each of these two charges And the sentences were to run concurrently. The petitioner's appeal was dismissed by the learned Additional Sessions Judge and the order of his conviction was confirmed, so also the sentence of four years rigorous imprisonment in respect of the charge under S. 493 of the Penal Code. But the appellate court set aside the separate sentence in respect of the charge under S. 376 of the Penal Code. The petitioner has come up in revision against that order of conviction and sentence.

2. The prosecution case is briefly as follows :

Raj Mohan Rana, was an inhabitant of village Teghoria within Arambagh police station in the district of Hooghly. He shifted to his father in Law's house at Dihicoira where he used to live with his wife Urmila and children including a grown-up daughter Pratima Rajmohan and his family came down their after the death of his father-in-law Ashutosh Nandy who had a brother Sarat Chandra Nandy and a cousin Kapil Nandy. Sarat'