Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 16.09.1986 passed by the learned Additional Sessions Judge, 3rd Court, Nadia, in Sessions Trial No.VI of February, 1986 (Sessions Case No.15 of July, 1984 convicting the appellants for commission of offence punishable under Section 306 of the Indian Penal Code and sentencing them to suffer S.I. for three years and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for a further period of six months. Prosecution case as levelled against the appellants is to the effect that one Ajit Kumar Chakraborty, S.I. of police, attached to Kotwali P.S. received information on 7.8.1983 at around 10.45 hours from appellant no.3 that on the previous night the appellant retired for the night along with his wife as usual after taking dinner. Around 5 A.M. his wife committed suicide by hanging. On such information Kotwali U.D. Case No.246/83 dated 7.8.1983 was registered. Dead body of the victim was sent to Shakinagar Hospital for post mortem examination. Post mortem report was collected in the meantime. Subsequently, Ramgopal Sadhukhan, P.W.1 lodged a written complaint alleging that his daughter, Chandana was married to appellant no.3 about three years ago. She was subjected to torture at her matrimonial home, as a result he took his daughter back to his residence on several occasions. Subsequently, on 7.8.1983 his daughter was killed and hanged. On the complaint of P.W.1, Kotwali P.S. Case No.13 dated 7.8.1983 was registered for investigation and charge sheet was filed under Section 306 of IPC against the appellants. The case being a sessions trial one was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge for trial and disposal. Charges were framed under Section 306 of the Indian Penal Code and the same was read over to them. The appellants pleaded not guilty and claimed to be tried.
(2.) It was the defence of the appellants that the victim was suffering from mental illness and had been hospitalized. As a result of such ailment she committed suicide.
(3.) In the course of trial, prosecution examined 11 witnesses and exhibited number of documents in the instant case.;