C.R. Sarma, J.

1. This appeal is directed against the judgment and order, dated 18.12.2012, passed by the learned Sessions Judge, Udalguri in Sessions Case No. 16(DU)/2012, whereby the learned Sessions Judge convicted the appellant under Section 498A and 304B of the Indian Penal Code (for short "IPC") and sentenced him to suffer imprisonment for life for his conviction under Section 304BIPC and suffer rigorous imprisonment for 3 (three) years for his conviction under Section 498A IPC. The appellant has been sentenced to pay fine of Rs. 25,000.00 (Rupees twenty five thousand) only, in default to suffer imprisonment for another period of 6 (six) months. It has been directed that both the sentences shall run concurrently and that the fine amount, if realized, shall be paid to the informant. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

2. The facts leading to the impugned conviction and sentence, in brief, may be stated as follows:

The appellant, on 25.01.2006, married the informant's (P.W. 1) daughter (hereinafter called the deceased) and out of the said wedlock a child was born to them. The appellant, along with his deceased-wife, used to visit the informant's house and he look money, on various occasions, from his said father-in-law. The deceased also once asked for Rs. 500.00 (Rupees five hundred) only on the plea that her husband was in need of money. But due to inability of her father to give the said amount, she had left her parental house weeping. Once the informant, coming to know about assaulting the deceased, by her husband, visited her husband's house and while counseling them not to quarrel, extended them invitation to visit his house. Accordingly, both of them, on 21.03.2007, visited his house and left on 25.03.2007. However, while leaving her paternal house, the deceased told PW 1 that she would not visit his house again. On 30.03.2007 at 10 p.m. the informant came to know that the deceased was admitted at the Udalguri Civil Hospital in critical condition. On the same night, she was shifted to Gauhati Medical College & Hospital, wherein PW 1 visited her. On 02.04.2007, the deceased told the informant that, on 30.03.2007 at about 7.30 p.m., her husband had set her ablaze. On 04.04.2007, the deceased succumbed to the burn injuries, sustained by her.

The informant lodged the FIR (Ext. 2) and on receipt of the same, police registered a case and launched investigation into the case.

3. During the investigation, police visited the place of occurrence, prepared inquest report (Ext-1), forwarded the dead body of the deceased for autopsy, collected the post mortem examination report (Ext. No. 8) and recorded the statement of the witnesses. At the close of investigation, the Investigating Officer submitted the charge sheet under Sections 498A and 304B IPC and forwarded the appellant to the court to stand trial.

4. The offence under Section 304B IPC, being exclusively triable by the court of Sessions, the learned Chief Judicial Magistrate, Udalguri committed the case to the court of Sessions for trial.

5. The learned Sessions Judge, considering the materials, on record, framed charges under Section 498A and 304B IPC. The charges were read over and explained to the accused person, to which he pleaded not guilty and claimed to be tried.

6. In order to prove its case, prosecution examined as many as 10 witnesses including the B.D.O. (PW 10), who performed the inquest, the Medical Officer (PW 7), who performed the autopsy and the Investigating Police Officer (PW 9). The accused person was examined under Section 313 Cr. P.C. He denied the allegations, brought against him and examined four defence witnesses as DW 1, DW 2, DW 3 and DW 4.

7. Considering the evidence, on record, the learned Sessions Judge convicted and sentenced the appellant, as indicated above.

8. We have heard Mr. HRA Choudhury, learned senior counsel, assisted by Mr. I.A. Hazarika, learned counsel ap