S.C. Das, J.

1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 08.08.2005, passed by learned Session Judge, West Tripura, Agartala, in case No. ST (WT/A) 29 of 2004. Learned Sessions Judge found the accused appellant guilty of committing offence punishable under Sections 498-A and 304-B of IPC and sentenced him to suffer RI for 10 years. Heard learned counsel Mr. RFC. Biswas for the appellant and learned P.P., Mr. D. Sarkar assisted by learned counsel, Mr. R.C. Debnath for the State respondent.

2.1 FACT OF THE CASE

Prasenjit Bhowrnik (P.W. 1) set the criminal law in motion presenting an FIR in writing with the O/C, Bishalgarh P.S. on 02.11.2003, at about 1810 hrs., alleging that marriage of his younger sister Nabanita Bhowmik (Debnath) was solemnized with the accused Kanu Debnath on 12th of March, 1999 A.D. as per Hindu rites, and since after expiry of one year of marriage his brother-in-law (Kanu Debnath) started inflicting physical and mental torture on Nabanita, and when the news of torture occasionally reached their house, his parents used to go to the house of Kanu Debnath and would settle it. On 01.11.2003, as said by Kanu Debnath, his sister Nabanita, applied kerosene oil over her body at about 11 pm of the night and set her to fire, as a result she received severe burn injuries. Thereafter, she was admitted to GB. Hospital for treatment. Nabanita died in the following morning i.e. on 02.11.2003. Before her death his sister Nabanita verbally told him that her husband Kanu Debnath was responsible for her death.

2.2 O/C Bishalgarh PS on receipt of the FIR registered Bishalgarh P.S. Case No. 129 of 2003 under Sections 498-A and 306 of IPC and taken up investigation.

2.3 In Course of investigation, O/C Bishalgarh P.S. examined material witnesses and recorded their statements, arrested accused Kanu Debnath from his house, collected inquest report and postmortem report, done over the dead body of the deceased Nabanita, and on completion of investigation, submitted charge sheet against the accused under Sections 498-A and 306 of IPC.

2.4 Cognizance was taken on the basis of police report and in due course the case was committed to the Court of Sessions.

2.5 On 27.03.2004, learned Sessions Judge framed charges against the accused for commission of offence under Sections 498-A and 304-B of IPC, to which the accused pleaded not guilty and claimed to be tried.

3.1 In course of trial, prosecution examined 13 witnesses, namely P.W. 1 Prasenjit Bhowmik, P.W. 2 Priyalal Bhowmik, P.W. 3 Sabita Debnath, P.W. 4 Chandan Das, P.W. 5 Laxmi Rani Bhowmik, P.W. 6 Maushumi Saha, P.W. 7 Abhijit Saha, P.W. 8 Ashim Debnath, P.W. 9 Dr. Pranab Choudhury, PW. 10 Biswajit Dutta, P.W. 11 Uma Majumder, P.W. 12 Ajit Banik and P.W. 13 Gouranga Ch. Deb.

3.2 Out of the aforesaid witnesses, P.W. 1 is the informant and elder brother of the deceased. PWs. 2 and 5 are the father and stepmother of the deceased. PWs. 6 and 7 are the sister and sister's husband of the deceased. PWs. 10 and 11 are the cousin brother and aunt of the deceased. P.W. 3 is the sister-in-law of the accused, who was declared hostile by the prosecution. PWs. 4 and 8 are the close neighbours of the accused. PW. 9 is the Medical Officer, who conducted postmortem examination over the dead body. P.W. 12 prepared inquest report over the dead body and PW. 13 is the I.O. of the case.

3.3 In course of examination of witnesses, prosecution also proved the postmortem report and inquest report, done over the dead body of Nabanita and hand-sketch map with index of the house of the accused, where the incident occurred, etc.

3.4 To state briefly, the prosecution case is that marriage between Nabanita and Kanu was solemnized on negotiation at the intervention of the family friends on 12.03.1999. After marriage Nabanita entered in the marital house with her husband and had been living with other members of