JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This criminal appeal has been filed against the judgement and order of conviction dated July 18, 2002 passed by the learned Session Judge, Malda, convicting the appellant under section 498A of the Indian penal code and sentenced him to suffer R.I for two years and to pay a fine of Rs.1000/-, in default to suffer rigourous imprisonment for three months.

Factual matrix

2. On July 29, 1998 the brother of the victim Ranjith Mondol, lodged a complaint against the present appellant, holding him responsible for the suicide committed by the sister of the complainant on 28/29^th July 2002 by taking poison and also by administering poison to her minor daughter on account of torture inflicted on her both physical and mental on the demand of dowry. The complaint was lodged before Kaliachak Police Station under Section 498A/304B IPC and on completion of investigation the charge sheet was submitted against the appellant under the aforesaid provisions. The case being exclusively triable by the Sessions Court, it went before the learned Court of session on commitment and on perusal of the materials on record and after hearing both the learned Counsels ,the lear