U.B. Saha, J.

1. The appellants are the husband and mother-in-law of the deceased Rumashree who received 100% burn injuries in the house of the appellants on 27-11-1992 and succumbed to her injuries on 30-11-1992 in the G. B. Hospital, Agartala. The learned Sessions Judge South Tripura, Udaipur, camp at Agartala, after a full dressed trial, convicted the appellant No. 1 Mrinal Roy Barman under Section306 IPC and sentenced him to suffer R.I. for ten years and to pay a fine of Rs. 5000/-, in default, to suffer R. I. for two years and further convicted him under Section 498A of IPC and sentenced to suffer R. I. for two years and to pay a fine of Rs. 2000/-, in default, to suffer R. I. for two years, and convicted the appellant No. 2 Swarnalata Roy Barman under Section 498A and 306/34 IPC and sentenced to pay a fine of Rs. 10,000/-, in both Sections, in default to suffer S. I. for three years vide judgment dated 27-3-1999 passed in Sessions Trial No. 53(WT/A) of 1997 and Sessions Trial No. 100 (WT/A) of 1994. The sentences so far appellant No. 1 is concerned will run concurrently. Aggrieved by, the appellants have filed the instant appeal under Section 374 read with Section 382Cr. P. C. against the aforesaid judgment for setting aside the order of sentence dated 27-3-1999 and acquittal of the accused appellants. It is to be mentioned here that the accused Indu Bhusan Roy Barman, the father-in-law of the deceased expired during the trial. Accordingly, the case so far it related to Indu Bhusan was struck off. The other accused Mridul Roy Barman, the elder brother of the appellant No. 1 was acquitted from the charges levelled against him as the learned Sessions Judge recorded that the evidence put forward by the prosecution found to have not proved in a manner which requires to be proved in criminal case. No State appeal against the acquittal of Mridul Kumar Roy Barman is pending.

2. Heard Mr. J. M. Chowdhury, learned senior counsel, assisted by Mr. H. Debnath. learned Counsel for the accused-appellants and Mr. P. K. Biswas, learned Special Public Prosecutor as well as Mr. D. Sarkar, learned Public Prosecutor for the respondent State.

3. The prosecution case, in brief, is as follows:

One Shri Jyotirmay Roy Barman (P. W. 1) lodged a written complaint on 1-12-1992 to the Officer-in-Charge of West Agartala Police Station stating, inter alia, that on 27-11-1992 his daughter Rumashree Roy Barman, wife of the accused-appellant No. 1 was shifted to G. B. Hospital with 100% burn injuries for treatment and on 30-11-1992 at 07.45 hours, his daughter expired in GB Hospital. The complainant suspected some foul play behind the death of his daughter on the part of her husband (accused appellant No. 1) and other relations due to torture on his daughter and continuous instigation for committing suicide. He further alleged that after the marriage of his daughter with the accused appellant No. 1 in the year 1987, his daughter was put under constant mental torture by her husband (the accused appellant No. 1), her brother-in-law, father-in-law and mother-in-law. She did never get justice from her husband whenever she complained of ill torture from her in-laws. The complainant was of the firm view that his daughter was murdered by cool blood conspiracy by the members of the father-in-law's house.

On receiving the complaint, the O/C. West Agartala Police Station treated the same as First Information Report and registered a specific case being West P. S. Case No. 3 (12)92 under Sections 498A/306 IPC against the accused appellants herein along with others, initially, Shri Runu Dey, S. I. of Police (P.W. 13) was entrusted with the investigation of the case who investigated the case up to 31-12-1992 and thereafter Shri Apurba Krishna Banerjee, DSP, CBI, SU, Calcutta (P. W. 14) was given the charge of investigation of the case who after investigation submitted charge sheet against the accused appellants along with two others. Thereafter, the learned Chief J