I.A. Ansari, J.

1. The appeal is directed against the judgment and order, dated 28.02.2003, passed by the Adhoc Addl. Session Judge, Mangaldai, in Session Case No. 115 (DMFT) 01, convicting accused/appellants, namely, Shri Swapan Bhowmick, Shri Jogesh Bhowmick and Shri Arpana Bhowmick @ Shri Tuntun Bhowmick under Section 498A IPC and sentencing each of them to undergo Rigorous Imprisonment for 2 years and fine of Rs. 2,000/- and, in default to undergo rigorous imprisonments for another six months. Being aggrieved by, and satisfied with, aforesaid judgment, Shri. Swapan Bhowmick, Shri Jogesh Bhowmick and Shri Arpana Bhowmick @ Shri Tuntun Bhowmick, who would be described herein after as accused/appellants, preferred this appeal.

2. The case of the prosecution may, in brief, be described thus

(i) On 24th Bhado, corresponding to English calendar month of April/May, 1993, one Swapan Bhownick, one of the accused/appellants, married Kanchan Saha of Kacharidak village within Khoirabari police station in accordance with Hindu rites and customs. However, as the marriage was being solemnized, a dispute arose between the families of the bridegroom and the bride over the quantity and quality of dowry presented to Kanchan Saha, (since deceased) on the occasion of her marriage.

(ii) The dispute took a turn for the worse, when the bridegroom party left the residence of bride without completing all the religious formalities of Hindu marriage. The articles, which were presented to the bride, on the occasion of her marriage, were also left in the house of the bride itself. Father of the bride gave Rs. 12,000/- to one Nitish Saha to pacify the family members of the bridegroom. Accused Nitish Saha, however, demanded more money and left the house of the bride in the middle of the marriage.

(iii) Once the bride landed in her matrimonial house, her husband and the other family Members started torturing her, both physically and mentally, demanding more and more money and property from her parents and other family members. What is more, the bride was not allowed to return to her parental house on one pretext or other, although under the prevailing custom, the bride and bridegroom need to visit house of bride sometime after the marriage.

(iv) As the bride and bridegroom did not visit their house, the mother of the bride, along with one of her neighbours, went to the house of bridegroom to take her daughter and her son-in-law to her residence. But as soon they reached the house of accused persons, they were subjected to enormous mental harassment, because the bride's family members could not meet the demand for dowry, made in connection with the marriage of Kanchan by the accused. Being so humiliated, the mother of the deceased and her companion returned home without taking bride with them.

(v) On 19th June, 1993, accused persons sent a man to the house of the bride to inform that Kanchan Saha had committed suicide. At first, parents and other family members suspected that Kanchan Saha might have been killed by her husband and his family members. Therefore, an F.I.R. to that effect was lodged by one Shri Ratan Saha with police at Udalguri R.S., on 20th, June, 1993.

(vi) Receiving the FIR, Police registered a case, namely, Udalguri P.S. Case No. 63/93 under Section 498(A) IPC. During the course of investigation, the I.O. visited the P.O., conducted inquest on the dead body and sent the same to the hospital for post-mortem examination. He also examined the witnesses acquainted with the facts and circumstances of the case. As the investigation proceeded the I/O, who was entrusted to investigate the case, was transferred for which remaining part of the investigation was done by the O/C concerned and, on completion of the investigation, he submitted a charge-sheet under Section 304(B) IPC against as many as 8 (eight) accused persons, namely, (i) Shri Swapan Bhowmick, (ii) Shri Jogesh Bhowmick, (iii) Shri Arpana Bhowmick @ Shri Tuntun Bhowmick, (iv) Smti. Arp