Nadira Patherya, J.

This appeal has been filed against the judgment and order of conviction dated 28th July, 2011 and sentence dated 29th July, 2011 passed by the Additional Sessions Judge, 2nd Court, Suri, Birbhum in Sessions Trial No. 1 of March, 2011 arising out of Sessions Case No. 163 of 2010. By the said judgment and order of conviction and sentence the appellant was directed to suffer rigorous imprisonment for 3 years and pay a fine of Rs. 5,000/- in default to suffer further imprisonment for 6 months for the offence punishable under Sections 498A/302 IPC.

2. The case of the prosecution is that Hadisa Bibi (victim) was married to the appellant of village- Chhaptala for about five years. The appellant inflicted torture both mental and physical on her. On 18th December, 2008 at about 10.00/11.00 hours in the night a telephonic information was received by Nasiruddin Momin father of the victim that she had received burn injury and was admitted to Suri Sadar Hospital. Nasiruddin Mondal (PW 1) rushed to the hospital and found the victim in a precarious condition. He learnt from his daughter that kerosene oil had been poured over her and she was set on fire. The complaint w