JUDGMENT :

Bivas Pattanayak, J.

1. The instant appeal is directed against the judgment and order dated 23.05.2008 and 26.05.2008 respectively passed by Additional Sessions Judge, Special Court, Dakshin Dinajpur at Balurghat in Sessions Case No.309 of 2004 (Sessions Trial No. 39 of 2004) convicting the appellant for commission of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.3,000/-, in default, to suffer imprisonment for one year more. By the self-same judgment the other accused persons namely Pratima Kundu and Mahadev Kundu were found not guilty for offence punishable under Sections 498A/302/34 of the Indian Penal Code and were acquitted from the charges levelled against them.

2. The prosecution case as alleged against the appellant is to the effect that he was married to the deceased Rupa Kundu daughter of PW1 as per Hindu rites and customs about 3/4 years ago (from the date of occurrence). After one year of marriage she was subjected to mental and physical torture by the appellant-husband and other in-laws in relation to demand of money. On 03.03.1998, in the evening the appellant along w