JUDGMENT :

Shree Chandrashekhar, J.

In SC No.43 of 2006, the appellant was convicted and sentenced to RI for life and a fine of Rs. 5000/- under section 302 of the Indian Penal Code.

2. Pakur (M) PS Case No. 188 of 2005 was lodged against Rafikul Sk. @ Rafique Sk., Kadyan Bibi, Joyel Sk. and Hazra Bibi on an allegation that in furtherance of common intention they have caused dowry death of Dilera Bibi due to non-fulfillment of demand of dowry. During the investigation the parents and uncle of Dilera Bibi gave statements to the police that she was done to death by her husband in his house. The witnesses who are co-villagers of Rafikul Sk. have however given a different version about death of Dilera Bibi. On 29.09.2005 Rafikul Sk. was arrested and he suffered a disclosure statement in which he told the Investigating Officer that on the day of occurrence when he came back home he found his wife talking to an unknown young person who on seeing him fled away and when he asked his wife about the unknown person she did not disclose his identity whereupon he became angry and started assaulting his wife. The doctor who conducted the postmortem examination on 22.09.2005 has found marks of bruis