C.R. Sarma, J.

1. The judgment and order, dated 20.05.2003, passed by the learned Sessions Judge, Kamrup, Guwahati, in Sessions case No. 203(K)/2000 is in challenge in this appeal. By the impugned judgment and order aforesaid the learned Sessions Judge convicted Sri Rajib Neog (hereinafter called the Appellant) for the offences under Section 498A and 306 of Indian Penal Code (in short IPC).

2. The Appellant was sentenced to suffer Rigorous Imprisonment for 3 (three) years and pay fine of Rs. 5000/- and in default of payment of fine suffer rigorous imprisonment for further period of 6 (six) months for his conviction under Section 498A and 306 of IPC.

3. Being aggrieved by the said conviction and sentence the Appellant has carried the appeal to this Court.

4. I have heard Mr. B.C. Das learned Senior Counsel appearing for the Petitioner and Mr. K. Munir, learned Addl. P.P., Assam.

5. The prosecution case, in brief, as revealed at the trial, may be stated as follows: Smt Sucharita Lahiri (hereinafter called the deceased), a highly qualified woman from Imphal (Manipur), was married by almost equally qualified Appellant in the month of July, 1997 and after their marriage they used to live together at Guwahati. The marriage was solemnized against the will of the father of the bride and as such he did not attend the said marriage of his daughter. After the marriage, the Appellant supported the deceased in doing her MBA course and she, after completing MBA, joined service in the Coca Cola Company at Guwahati. As alleged, the Appellant and his mother used to torture the deceased, both physically and mentally, and desired to divorce her to facilitate his second marriage. According to the prosecution, the Appellant/husband used to ill treat the deceased by compelling her to do household works against her will and restrained her from visiting her relatives and using the telephone.

Once, in presence of the younger sister of the deceased, the Appellant had picked up a quarrel in the breakfast table and gave a slap to the deceased. Another day, due to her late arrival from office, the Appellant made her to wait outside the wall for about one and a half hours without opening the door of the house. The company, in which the deceased worked, selected her for attending a conference of the company at Kolkata and accordingly she was required to go to Kolkata on 27.02.2000. In spite of making all arrangements for proceedings to Kolkata, the Appellant, at the last moment, i.e. two days before the said occurrence restrained her from going to Kolkata. As the Appellant had refused to allow the deceased to going to Kolkata, she, on the previous day of the occurrence, called her brother i.e. P.W. 9, who visited her and assured that he would make arrangement to drop her at the airport. But on the next morning i.e. on 27.02.2000, the P.W. 9 received an information from his sister that the deceased was hospitalized in the Down Town hospital for sustaining bum injuries. From the record it is revealed that, on 27.02.2000, at about 8:00 AM, the deceased committed suicide by setting her ablaze in the bathroom, as a result of which she sustained 95% bum injury, for which she was shifted to hospital for treatment wherein she succumbed to her said injury at about 4.00 PM on 28.02.2000.

6. Sri Somnath Lahiri (P.W. 9), who is the younger brother of the deceased, on 28.02.2000 lodged an FIR. (Ext. 8) with the O/C of the Women Police Station, Panbazar, Guwahati.

7. Upon receipt of the said FIR, police registered a case under Section 498A IPC and launched investigation into the matter.

8. During the investigation, the investigating officer prepared inquest report,-got the autopsy done, recorded the dying declaration of the deceased and the statement of the witnesses. The Investigating Officer collected and seized one plastic gallon (5 ltrs capacity) containing kerosene oil, one half burnt printed screen, one blue 95% brunt snippet, 31 Nos. of burnt match sticks, one matc