JUDGMENT :

S. Talapatra, J.

1. The appellant was charged under Sections 498A and 304B of the IPC and alternatively, under Section 302 of the IPC along with two other accused namely Karam Ali and Anwara Begam by the Sessions Judge, Gomati Judicial District. The other two accused were acquitted from the charge on benefit of doubt but the appellant has been convicted under section 498A and 304B of the IPC by the Sessions Judge, having observed that from the evidence of PWs-2, 3, 4, 7, 9 and 11, it has clearly transpired that wife of the appellant namely Rahima Begam @ Marjina was being tortured and harassed by the appellant on demand of dowry, particularly for articles like televisions etc. That harassment goaded the victim to commit suicide. Pursuant to the said conviction, the appellant has been sentenced to suffer rigorous imprisonment of 3 (three) years and to pay fine Rs. 5000/- with default stipulation for committing offence punishable under Section 498A of the IPC. He has been further sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay fine of Rs. 10,000/- with default stipulation for committing offence punishable under Section 304B of the IPC. It has been directed if the fine money is realized, the same shall be paid to the father of Rahima Begam (the deceased). Both the sentences are directed to run concurrently. The period of detention as undergone by the appellant has been directed to be set off from the term of imprisonment under Section 428 of the Cr.P.C. The said judgment and order of conviction and sentence dated 21.09.2019 are challenged by the appellant in this appeal.

2. Based on a written complaint (Exbt-2) filed by one Rajjak Miah (PW-3) on 2.6.2016, Kakraban PS Case No. 2016 KKB042 under Section 498A/302/34 of the IPC was registered and taken up for investigation. In the said complaint, PW-3 had revealed cognizable offence to the officer-in-charge of the said police station by staring that his daughter, Rahima Begam was given marriage to the appellant as per Shariat law. At the time of marriage, a cash of Rs. 5000/- gold jewelry weighing 1 1/2 bhari, wooden furniture etc. were given away on demand of the groom. His daughter and the appellant lived their married life peacefully for one and half year. One girl child was born in the wedlock. After birth of the girl child, Babul Miah (the appellant) Karam Ali (the accused who has been acquitted) Anwara Bibi (the other accused who has been acquitted) and Habul Miah (the brother of the appellant) started torturing his daughter physically and mentally. They had increased their torture on his daughter by saying that "the materials given in marriage were not good enough". His daughter used to inform him about such incidents over her mobile phone. As PW-3 was not comfortable with his finance, he could not give the television set at the time of marriage.

Moreover, the appellant had one television in their house. When his daughter went to watch that television, the accused persons used to make bad comments e.g. if you want to see the television, then bring it from your father's house.

3. On 24.05.2019, the appellant had beaten his daughter severely. Several times, PW3 visited his daughter's matrimonial home to bring his daughter. Every time the accused persons used to tell him to change the material those were given in the marriage, else his daughter would not be permitted to go to their house. On 01.06.2016, the day before the filing of the complaint (Exbt-2) at about 9.30 p.m. when the PW 3 had called his daughter, she told him that the appellant had told her that she would never be allowed to go to her father's house. On 02.06.2016 about 10 am in the morning, one Rubel Miah, a resident of Rajdhannagar, informed him over telephone that Rahima had died by hanging a few moments ago. PW 3 having the said information, rushed to the place of the appellant along with his relatives. Thereafter, in that context, he has stated in the complaint as follows:

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