JUDGMENT :

Prasenjit Biswas, J.

1. This appeal is directed against the impugned judgment and order dated 08.03.1990 passed by the learned Additional Sessions Judge, Midnapore in connection with Sessions Trial No. XXII of September, 1998, arising out of G.R. Case No. 1166/1987.

2. By passing the impugned judgment, this appellant was found guilty for commission of offence punishable under Sections 498A and 306 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 2000/- and in default of payment of fine to undergo further rigorous imprisonment for two years.

3. Being aggrieved by and dissatisfied with the said impugned judgment and order of conviction the present appeal has been filed at the instance of the appellant.

4. The case of the prosecution, in brief, can be delineated as follows:

“The instant proceedings originated from a written complaint lodged by the de-facto complainant, who is the brother of the deceased victim. In his complaint, the de-facto complainant stated that his sister was married to appellant no.1, Purna Chandra Raul, on 5th Jaistha, 1393 (B.S.). Following the marriage, the victim commenced her conjugal life in the house of the appellants. At the time of marriage, it is alleged that a sum of Rs. 3,000/-, along with ornaments and other articles, was provided to the appellants as dowry. According to the complaint, after a short period of married life, the appellants began to exert pressure on the victim to procure additional money from her parental home. The victim, allegedly unable to meet their demands, purportedly became the subject of systematic ill-treatment and physical torture. It is stated that the victim repeatedly disclosed these incidents to the de facto complainant, her parents (PW2 and PW3), and the wife of the de-facto complainant (PW4) whenever she visited her parental home. She reportedly conveyed that, unless the demands of the appellants were satisfied, she would continue to face physical and mental harassment and, ultimately, would be left with no alternative but to take her own life. Tragically, it is alleged that the victim committed suicide on 31.07.1987, being unable to endure the persistent torture inflicted by the appellants. Upon hearing that his sister had been admitted to the hospital, the de-facto complainant proceeded to the Hospital, only to find that the victim had expired. Following this, he reported the matter to the local police station; however, no immediate action was taken by the police. Faced with inaction, the de-facto complainant filed a written complaint before the learned Judicial Magistrate, Midnapore. The learned Magistrate, upon receipt of the petition, forwarded it to the Officer-in-Charge of Sabang Police Station, treating the complaint as an FIR and directing the initiation of a formal investigation. Pursuant to this direction, Sabang Police Station registered the matter as Case No. 3 dated 17.08.1987 against the appellants and other accused persons. Following the investigation, the prosecuting agency submitted the charge-sheet against the appellants on 28.05.1988, thereby formally initiating proceedings against them under the relevant provisions of law. This summary outlines the prosecution’s narrative, which forms the foundation of the charges of cruelty, dowry harassment, and abetment of suicide leveled against the appellants in the present case.”

5. The charge was framed by the Trial Court against the appellants under Sections 498A and 306 of the Indian Penal Code and the same was read over and explained to them in which they pleaded not guilty and claimed to be tried.

6. During this appeal the appellant no.2 Smt. Sarala Rani Raul died and the present appeal stood abated against her.

7. In this case, the prosecution has examined eight(8) witnesses and documents were marked as exhibits on its behalf, while the defence has examined none.

8. Mr. Angshuman Chakraborty, learned Advocate appearing for the appella