The burden of proving the guilt of an accused is on the prosecution, but there may be certain facts pertaining to a crime that can be known only to the accused, and if he does not explain them, it is a strong circumstance pointing to his guilt based on those facts.

JUDGMENT

Subhasis Dasgupta, J. - This appeal found its emergence after it was preferred by accused persons/appellants against the judgment and order of conviction, and sentence, passed by learned Additional Sessions Judge, Cooch Behar, in Sessions Case No. 74/2 giving rise to Sessions Trial No. 4(12)04, convicting the accused persons/appellants under Section 498A/302/34 I.P.C., and sentencing them thereunder to suffer rigorous imprisonment for three (3) years with fine of Rs. 5,000/-(Rupees Five Thousand) each, with default stipulation to undergo rigorous imprisonment for six (6) months each under Section 498A I.P.C., and to suffer imprisonment for life with fine of Rs.5,000/- (Rupees Five Thousand) each, and in default to pay fine further rigorous imprisonment for six (6) months each under Section 302/34 I.P.C.

2. We feel inclined to mention the factual scenario of this case precisely as established and highlighted by the prosecution, discernable from the witnesses examined during trial, that the deceased being the second daughter of the de-facto complainant/father was put to suffer death in her in-law's house by hanging about seven (7) months after her marriage.

3.Admittedly, victim was given marriage with accused/appellant no. 1 Mazidul Miah on 16.10.1997, according to mohammedan rites and customs satisfying the demand of accused persons, like by paying cash of Rs. 11,000/- (Rupees Eleven Thousand), silver ornaments of three descriptions along with one Hero cycle and other valuables.

4. After visit to her in-law's house, deceased victim was put to suffer cruelty, oppression and ill-treatment by her in-law's members, including her accused husband for her black complexion. She was not loved by family members of in-law's house, and frequently abused her with a threat that accused husband would be given marriage shortly after repealing her marriage and driving her out of the matrimonial home.

5. The in-law's members while causing ill-treatment upon victim made her understand just three days after her marriage for staying in a cow shed, expressing their dissatisfaction on the ground of her black complexion. Accused husband beat her physically with cycle chain while causing physical torture upon the deceased victim. She was attempted to be killed. Deceased victim reported everything to her parents about the torture and cruelty, she received in her in-law's house, when she visited her paternal house on several occasions.

6.The de-facto complainant/father sent his daughter/victim to her in-law's house on 11.06.1998, after persuading her to withstand such torture inflicted upon her, for her future benefit upon realization of weak financial condition of her father. The mother of deceased victim, when visited her in-law's house on 20 th June, 1998, the victim daughter informed her narrating the plight of her physical assault committed upon her by her in-law's members. The father/complainant learnt everything after his wife had returned to house. The eldest son-in-law of the de-facto complainant/father on 24 th June, 1998, visited to the house of de-facto complainant and informed de-facto complainant that victim daughter had been put to suffer death by hanging with use of rope. Having received such information, de-facto complainant/father rushed to the in-law's house of his deceased daughter, when victim daughter's body had already been sent to P.S. for holding post-mortem examination.

7. The police inquest was held. Two pieces of light green coloured tape recorder chord, one of which measuring about 2.5 ft. long, and another being 8 ft. long, were seized during investigation, alleging the same to have been used in the instant murder, as weapon of assault. The dead body of deceased was subjected to autopsy after due consultation of inquest report and F.S.L. report of viscera of deceased. The Autopsy Surgeon opined that the death of the deceased was due to asphyxia as effect of strangulation by ligature, which was ante-mortem and homicid