JUDGMENT :

Soumen Sen, J.

1. The appeal is arising out of a judgement of conviction awarded under Section 302/201 IPC.

2. The appellant is the husband of the deceased. On the basis of a complaint lodged by Shri Susanta Majumdar (PW1) the brother of Kalpana Sarkar (since deceased) disclosing that his sister was physically and mentally tortured by her husband Yadav Sarkar and ultimately on 22nd May, 2007 in the night he was informed by Yadav at about 11.00 p.m that his sister Kalpana was not traceable. He immediately rushed to S.S Chemical factory where Yadav was residing with his family but could not immediately trace out her sister. It was reported by Yadav that Kalpana had gone out of the room at 10.15 p.m. to attend nature’s call and since then she is untraceable.

3. In the next morning at about 11.00 a.m. dead body of Kalpana was recovered with the help of a fish net from the nearby pond. Susanta alleged that after killing her sister she was thrown into the pond by Yadav as he had an illicit relation with a lady residing at Tinbathimore. This complaint was lodged on 22nd July, 2005 at 13.25 hrs. On the basis of such complaint the investigating officer initiated investigation and exa