Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction and sentence dated March 24, 2003 passed by the Additional Sessions Judge, Additional Court, Hooghly in Session Trial No. 97 of 2000. By virtue of the impugned judgment, the appellant was convicted for commission of the offence punishable under section 498A/306 of the Indian Penal Code (hereinafter referred to as the IPC) and was sentenced to suffer rigorous imprisonment for 08 years and to pay fine of Rs. 5000/- in default to suffer 02 years simple imprisonment for committing the offence under Section 306 IPC and for 3 years and to pay fine of Rs. 2000/- in default simple imprisonment for two years for committing the offence under Section 498 A of the IPC while acquitting the remaining accused persons from the charges under section 498A/306 I.P.C. Accused Rajidan Khatoon died during trial.
(2.) The case of the prosecution, in brief, is as follows : P.W.1's sister Nazibunnessa, since deceased, got married with the appellant about 19 years ago and she started living in the village at the appellant's house. Thereafter, appellant developed an illicit relation with a maidservant named Rajidan Khatun. P.W.1, on coming to know about such illicit relation informed his sister. Nazibunnessa then came from the native village and started living with the appellant at Telenipara P.S. Bhadreswar, Hoogly. On witnessing the illicit relation between her husband (appellant) and Rajidan Khatun she raised objection for which she was severely assaulted by the appellant. The appellant even did not provide food properly to his wife Nazibunnessa and the children. Such conduct of the appellant was reported to the appellant's father, brother and others but to no any effect. Appellant's torture and assault upon the deceased wife continued.
(3.) On January 11, 1994 at about 8.30 p.m appellant severely assaulted deceased wife Nazibunnessa and left home for his duty. At around 12.30. in the night, P.W.1 heard heart rendering crying voice of his sister coming out from her room. He then woke up and found door of the room of his sister was closed from inside and smoke was coming out from there. He called local people and after pushing the door they found his sister in flame writhing in pain. They then poured water to put off the flame but she succumbed to the burn injuries.;