ORDER :

Joymalya Bagchi, J.

Sadhana, the unfortunate housewife was married to Ashoke, the appellant herein in the month of Jaistha, 1398 B.S. i.e. May, 1991. Three months after the marriage she was subjected to mental and physical torture. She was admitted to the hospital in a case of poisoning and took refuge at her father's residence. The appellant herein, filed a divorce suit against her. The divorce proceeding continued for ten years. Finally, through persuasion from the Court, the matter was compromised and Sadhana returned to her matrimonial home. One and half years later, a female child, Puja, was born to the couple. Thereafter Ashoke started torturing Sadhana again. Unable to bear such torture, she complained to her brothers. On 30.08.2007 i.e. on 12th day of Bhadra, 1414 B.S., Ashoke came to the residence of Ram Prasad Mondal (P.W. 1), elder brother of Sadhana and informed that there were disturbances between him and Sadhana. He demanded a sum of Rs.50,000/- and threatened his in-laws he may leave Sadhana but not his family members. On the next day, i.e. on 31.08.2007 at 8 a.m. P.W. 1 received a phone call from Sadhana pleading him to take her back, failing which, she may be