JUDGMENT :

NAVNEET KUMAR, J.

1. This Criminal Appeal is directed against the judgment and order of conviction and sentence dated 13.10.2003 and 14.10.2003 respectively, passed by learned Additional District and Sessions Judge, Fast Track Court, Sahibganj, in Sessions Case No. 316 of 1994, arising out of Borio (Jirwabari) P.S. Case No. 39 of 1991, whereby the sole appellant has been convicted for the offence punishable under Sections 306 and 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment of five years for the offence under Section 306 of the Indian Penal Code and rigorous imprisonment of one year for the offence under Section 498A of the Indian Penal Code. However, both the sentences have been directed to run concurrently.

2. The prosecution story, in brief, is that on 1.3.1991 at 4.00 p.m. the informant Mamta Mandal (deceased) in injured condition gave her Fard-beyan before the Sub Inspector of Police, Sahibganj Town Police Station, at Sadar Hospital, Sahibganj, that she was married to Bicharu Mandal 12 years ago and from their wedlock they are having a son Pradip Kumar Mandal, aged about 8 years. The informant had alleged that since few days prior to the