The main legal point established in the judgment is the court's reliance on witness testimonies, medical evidence, and the appellant's actions to establish the guilt of the appellant for the offences under Sections 498A/302 of the Indian Penal Code.

JOYMALYA BAGCHI, J.

1. The appeal is directed against the judgment and order dated 25.02.2016 & 26.02.2016 passed by the learned Additional Sessions Judge, Fast Track Court, 2nd Court, Alipore in Sessions Trial No.6(2) of 2011 and Sessions Case No.27(12) of 2010 convicting the appellant for commission of offence punishable under Sections 498A/302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- in default of fine to suffer further simple imprisonment for five months for the offence under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/- in default of fine to suffer simple imprisonment for five months more under Section 498A of the Indian Penal Code, both the sentences will run concurrently.

2. Prosecution case as levelled against the appellant is to the effect that the appellant was married to Aklima, daughter of Nayeb, P.W.5 on 18.03.2009. At the time of marriage, a motorcycle, gold ornaments and other articles were gifted to the appellant. The appellant was employed in the armed forces and was posted at Jammu and Kashmir. After marriage Aklima started residing at her matrimonial home at village Golapara, P.O. Golapara, P.S. Abhyapuri, Dist. Bongaigaon, Assam. Few months after the marriage appellant and other in-laws started mental and physical torture upon Aklima on demand of a sum of Rs.30,000/-. Due to such torture father of Aklima, P.W.5 went to her matrimonial home to negotiate and saw Aklima was tortured in his presence and as a result he brought back his daughter to his residence. Subsequently, upon negotiation an agreement was executed between the appellant on the one hand and P.W.5, father of Aklima on the other hand wherein the appellant admitted that Aklima would not be tortured and would stay with the appellant at his place of work. On such undertaking she returned to the matrimonial home. Thereafter Aklima started residing with the appellant at Command Hospital Complex, Alipore. Prior to the incident, P.W.5 received a phone call that the appellant was again tortured Aklima. He had even threatened to throw her from the 6th floor apartment where they were residing. Hearing this father of Aklima, P.W.5 and his brother-in-law P.W.6 came to Calcutta from Assam. On 18.08.2010 they went to the residence of the appellant and was informed by Aklima that she has been assaulted by the appellant. Subsequently, the appellant came with three military officers including one Hav- C. Angapan (P.W.12), Habilder S.N. Singh, Nayek U.S. Sahu and they informed P.W.5 that there was misunderstanding between the appellant and the victim and the incident will not be repeated. Thereafter, P.W.5 and 6 went to sleep in one room while the couple retired to bed in another room. All of them woke up at 3.45 A.M. as they were observing “Roja”. There are two bedrooms in the flat of the apartment and a veranda which was visible from both the rooms. At 6 A.M. appellant left for his duty. Around 7.30 A.M. P.W.5 heard a scream of his daughter that “he is throwing me down”. Peeping from the window of his room, P.W.5 saw the outstrached hands of the appellant at the side of the veranda. Thereafter, appellant withdrew his hands and fled away. Simultaneously, they heard a thud. P.W.5 & P.W.6 chased the appellant downstairs and when they reached the ground floor they found Aklima lying below the veranda in a bleeding condition. Appellant fled away to his office. P.W.5 & P.W.6 picked up Aklima. Jawans also came to the spot and the victim was taken to Command Hospital in a white sumo. Subsequently, Aklima was admitted at Command Hospital by P.W.10. P.W.5 made a statement to the police officer at the hospital which was registered as F.I.R. being Alipore P.S. Case No.184 dated 19.08.2010 under Section 498A/307 of the IPC. Subsequently Aklima expired on 28.08.2010 and Section 302 of the IPC was added. I