JUDGMENT :

Jay Sengupta, J.

The appellant has challenged the judgment and order of conviction and sentence dated 31st August 2006 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Paschim Midnapore in Sessions Trial Case No. 32 of November, 2005, thereby although holding the appellant not guilty for a charge under Section 498A of the Indian Penal Code, convicting him for the charge under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5000/-, in default to suffer rigorous imprisonment for one year.

2. On 23rd October 2001 at about 13:30 hours, PW 1, the younger brother of the victim Kajal, lodged a First Information Report against the appellant under Sections 498A and 302 of the Penal Code. PW 1 stated that the couple had married 9 years ago and had two sons from such marriage. He alleged that after her marriage, the victim was subjected to physical torture by her husband in respect of the purported mistakes in household work. They informed the local villagers who settled the dispute and thereafter the victim was living happily. But the appellant was a habitual drunkard. The appellant married again a