Partha Sakha Datta, J.: On the FIR of one Smt. Rita Halder alleging ill treatment, cruelty and dowry death of her daughter Rupa Mitra, a case was registered being Barasat P. S. Case No. 533 dated 1st September, 1995 under section 498A/304B against the husband of the victim Tapan Mitra, Tapan's brother Biplab Mitra and Biplab's wife Itu Mitra. The case ended in chargesheet against the three persons under the aforesaid sections of the law. The case was committed to the Sessions and the Additional Sessions Judge, 2nd Court, Barasat was in seisin of the case. At the time of consideration of charge learned Trial Court found that on careful perusal of the case diary there were sufficient materials against the husband Tapan Mitra but observed that no material could be found against other two persons, namely, Biplab Mitra and Itu Mitra on account of the said charges accordingly. On perusal of the materials made available before the learned Trial Court the two accused persons, namely, Biplab Mitra and Itu Mitra who are the petitioners herein were discharged from the case. Charges were framed against Tapan Mitra. In trial during examination-in-chief of the de facto complainant she ma