A.K.Bhattacharya, J. - (1.) The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge. Contai in Sessions Trial Case No. VIII of November. 1990 on 13/8/1991.
(2.) Shortly put, the prosecution case is that the defacto complainant's second sister Jharna Rani Bera, aged about 22 years, was given in marriage with accused Anil and Radha Krishna Bera about five years back according to Hindu rites and customs, and in that wedlock a male child, now aged about l1/2 years, was born. After a few months of marriage, she was subjected to torture by way of quarrel and assault by her husband Anil and parents-in-law viz. Sudhir Chandra Bera and Nihar Bala Bera over the issue of family affairs. On 03.07.89 at about 12.00 hrs. on receipt of information from Hare Krishna Bera, younger brother of accused Anil regarding illness of the said sister, the complainant rushed to the in-laws' house of her sister and found her sister lying dead. He came to learn that over the issue of said child there was a quarrel between the couple, and her husband had assaulted her, and thus being unable to bear the, torture she ended her life in the morning by setting fire on her person after pouring kerosene oil thereon. Hence, all the three accused persons were charged under sections 498A/306 IPC.
(3.) The defence case, as suggested to P.Ws., as contended by the accused persons during their examination under section 313 Cr. PC and as stated by D.Ws., is that as the victim Jharna was of loose character, out of shame and to get rid of the allegation by the accused persons she committed suicide.;