S.C. Das, J.

1. The appellants, Atikul Islam, Kabil Miah and Rahela Bibi, were found guilty of the charge framed against them by learned Addl. Sessions Judge, South Tripura, Udaipur, under Section 304B of IPC in Sessions Trial No. 32 (ST/U) 2006 and by judgment and order dated 11.04.2007 sentenced them to suffer RI for eight years. Hence, this appeal under Section 374 of Cr.P.C. Heard learned counsel, Mr. D. Bhattacharjee for the appellants and learned Addl. P.P., Mr. P. Bhattacharjee for the State respondent.

2. Fact of the case may be narrated thus:--

2.1 Marriage between the unfortunate young woman Hasena Bibi, aged about seventeen years(since deceased) and accused Atikul Islam was solemnized as per Muslim religious rites following love affairs between them. The parental house of Hasena Bibi and the house of accused Atikul Islam situated side by side with a common boundary at village-East Gokulpur under PS-R.K. Pur. Hasena Bibi committed suicide by hanging from a jackfruit tree near their house in the morning at about 9.00/11.00 a.m. After her death her maternal uncle, Taiyub Ali (PW 1) lodged an FIR in writing on 13.03.2005 at 1445 hrs. with the O/C R.K. Pur PS alleging that marriage between Hasena and Atikul was solemnized about eleven months ago and after a few months of marriage Atikul started assaulting Hasena for rupees four thousand and on the date of occurrence in the morning, Atikul, his brother Kabil Miah and their mother Rahela Bibi, while assaulted Hasena, she, being unable to bear upon the torture, committed suicide by hanging at about 9.00 a.m.

2.2 O/C R.K. Pur PS, accordingly, registered R.K. Pur PS Case No. 74/2005 under Sections 498A/ 306 read with Section 34 of IPC and an investigation was taken up. Initially, investigation was done by woman Sub-Inspector Smt. M.M. Choudhury(PW 13) and on her prayer, Section 304B was added and, thereafter, investigation was done by PW 14, Sub-Divisional Police Officer(SDPO), Sri Pinaki Samanta. Charge-sheet was filed under Sections 498A and 306 read with Section 34 of IPC against accused Atikul Islam, husband of the deceased, Kabil Miah, brother-in-law of the deceased and Rahela Bibi, mother-in-law of the deceased.

2.3 On commitment of the case to the Court of Sessions, learned Addl. Sessions Judge, on 10.07.2006 framed charge against the accused persons for commission of offence punishable under Section 304B of IPC, to which they pleaded not guilty and claimed to be tried.

2.4 Prosecution, in course of trial, examined fourteen witnesses, namely:

PW 1, Taiyub Ali,

PW 2, Monora Bibi,

PW 3, Jakir Hossain,

PW 4, Kulsum Bibi,

PW 5, Bilkis Bibi,

PW 6, Reshu Miah,

PW 7, Kashem Ali,

PW 8, Sahed Miah,

PW 9, Ramendra Mandal,

PW 10, Bimal Ch. Debnath,

PW 11, Debashish Paul,

PW 12, Dr. Sumana Ghosh,

PW 13, Mafru Mog Choudhury,

PW 14, Pinaki Samanta.

2.5 Out of the aforesaid witnesses, PW 1 is the maternal uncle of the deceased and is the maker of the FIR. PWs 2 and 6 are the parents of the deceased and PWs 3 and 7 are the brothers of the deceased. PWs 4, 5 and 8 are all neighbours of the deceased and the accused and out of them PW 4 was declared hostile by the prosecution. PW 9 is a police constable and a formal witness, who guarded the dead body at the time of post-mortem examination. PW 10 is the scribe of the FIR. PWs 11 and 12 are the medical officers, who conducted post-mortem examination over the dead body of the deceased. PWs 13 and 14 are the IOS of the case.

2.6 Prosecution case is that at the time of marriage, the groom party demanded rupees ten thousand, out of which rupees six thousand was paid and the rest, rupees four thousand was left and was due to be paid by the parents of the deceased. In the marriage, wooden furniture and other articles were also given. After marriage, for few months they were peaceful but, thereafter, accused persons started physical assault and torture on the deceased, since the rest amount of rupees four thousand was not paid to them. On the date of occurrenc