Asha Arora, J.

1. The appeal is directed against the judgment and order of conviction and sentence dated 25th April, 2001 and 26th April, 2001 passed by the Additional Sessions Judge, 3rd Court, Bankura in Sessions Trial No. 9(9) 1993 arising out of Sessions Case No. 14(5) 1993 whereby the accused/appellant was convicted for the offence punishable under section 302 of the Indian Penal Code (hereinafter referred to as the IPC) and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- in default of which to suffer simple imprisonment for one year for the aforesaid offence.

2. The factual scenario of the prosecution case in brief is as follows: On 10/12/1990 at 11.15 a.m. the complainant Bhairab Chandra Karmakar lodged a complaint at Gangajal Ghati P.S. stating that his sister deceased Malati Karmakar was given in marriage to the accused/appellant Gopi Jiban Karmakar of Jamgari village on 21st Jaistha, 1397 in accordance with Hindu rites and rituals. After marriage the accused started torturing his wife Malati. As there was ‘badal’ marriage between the complainant and the sister of the accused on one side and the accused and sister of complainant on the ot