N. Chaudhury, J.

Appellant Kailash Mandal has been convicted under section 302 of the IPC by the learned Sessions Judge, Bongaigaon, in Sessions Case No. 18 (BGN)/2012 vide judgment and order dated 29.12.2012 and has been sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000/-, in default, rigorous imprisonment for 6 months.

2. The prosecution story is that one Basanti Poddar, as informant, lodged an written ejahar with Bongaigaon Police Station on 22.10.2011 alleging that her daughter Siuli Mondal married to the appellant herein about 6 years ago, had been killed by the appellant and his family members and her dead body was dumped outside her house in a nearby jungle. According to her, the appellant had been torturing the victim physically and mentally demanding dowry after consuming liquor at night. Bongaigaon Police Station Case No. 504/2011 under section 304 B/34 of the IPC was accordingly registered against the appellant, his mother (Amodini Mondal) and brother (Naresh Mondal). Police recovered dead body, held inquest and post mortem examination and after recording the statements of witnesses submitted charge sheet on 25.11.2011 vide charge sheet No. 306 before the learned Chief Judicial Magistrate, Bongaigaon in G.R. Case No. 692/2011 against the appellant, Kailash Mondal and his mother Amodini Mondal and prayed for dropping name of Naresh Mondal from the case. The learned Chief Judicial Magistrate by his order dated 02.02.2012 committed the court to Sessions whereupon Sessions Case No. 18 (BGN)/2012 came to be registered. The learned Sessions Judge by his order dated 22.02.2012 framed charge under section 304 B of the IPC against the present appellant, Kailash Mondal and his mother Amodini Mondal. Both the accused persons pleaded not guilty and claimed to be tried.

3. Prosecution examined as many as 9 witnesses in course of trial and exhibited 4 documents. The ejahar was exhibited as Exhibit 1, the post mortem report was exhibited as Exhibit 2, sketch map of the place of occurrence was exhibited as Exhibited 3 and the charge sheet was exhibited as Exhibit 4. Having considered the materials on record including the depositions of the prosecution witnesses and the statements of the accused persons under section 313 of the Code of Criminal Procedure, the learned Sessions Judge by his impugned judgment and order dated 29.12.2012 acquitted accused Amodini Mondal but convicted appellant Kailash Mondal under section 302 of the IPC. This is how the present appeal has been preferred by Kailash Mondal only challenging his conviction and sentence.

4. We have heard Ms. B. Sarma, learned Amicus Curiae on behalf of the appellant and Mr. K Konwar, learned Additional Public Prosecutor of Assam. We have also perused the lower court records.

5. PW 1, Smti. Basanti Poddar, stated in course of her deposition that victim Siuli Mondal was married to Kailash Mondal 6 years ago in Bageswari Temple. Out of her wedlock with Kailash Mondal, a child was born 5 years ago. Since beginning the victim was being tortured by the appellant and his family members physically as well as mentally. She saw injuries on the person of the victim during her life time. But her daughter wanted to lead conjugal life with the appellant. Even 7 months before the occurrence when her daughter had come to meet her on social visit, she had disclosed that she was being severely tortured. So she stayed for few days with the PW 1 when accused persons came and took her back assuring to give her clothes on the occasion of Puja. But the PW 1 was getting information from other sources that her daughter was not being treated kindly at her matrimonial house and ultimately on 21.10.2011, she was informed by members of Chaprakata club that dead body of her daughter was recovered in a jungle near her house. The PW 1 immediately rushed to the place with other relations and saw the dead body. She thereafter lodged the ejahar with police vide