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2) Heard Mr. Samar Das, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P., appearing for the State-respondent.

3) Prosecution case, as encompassed from the FIR is that one Anima Das lodged a complaint with the O/C, Manu P.S. on 16.03.2015, that her daughter Ranjita Das was given in marriage with the appellant Biswajit Bhowmik of East Machli on 24th Sravana, 1421 BS as per Hindu rites and customs. After marriage her daughter was taken to her in-laws‟ house. They started to live peacefully but after one month thereafter her daughter was subjected to physical and mental torture on demand of Rs.50,000/- as dowry by her in-laws. Her daughter informed them about the torture over telephone and told that if they failed to pay the said sum of Rs.50,000/-, then, she would be killed. Under that circumstance, the complainant being the mother paid Rs.50,000/- in cash to her son-in-law in presence of other members of his house, but, even after that the in-laws of her daughter pressurized her to pay again a sum of Rs.50,000/- which they also paid to the appellant on 1st Pousha. It was further stated that during that time her daughter was 7 months pregnant. She has further complained that the appellant had illicit relation with another Chakma lady and for that, he used to return home at dead hour of night and when her daughter tried to protest, the appellant used to beat her black and blue. Thereafter, on 23rd Pousha they brought her daughter to their home and during that time her daughter unfolded every episode of torture. However, on 27th Pousha they again sent their daughter back to her in-laws‟ house, but her in-laws continued torturing her physically as well as mentally. On 15.03.2015 at about 8 A.M., the in-laws of her house informed them that her daughter was admitted in Manu hospital in serious condition and requested them to see their daughter. Accordingly, she and her husband went to Manu hospital and found their daughter lying dead in the morgue of the hospital. On removal of the clothes from her body, they found injury marks on neck and on other different parts of the body and they could understand that their daughter was murdered by her husband and her in-laws.

9) On perusal of the evidence, it reveals that P.W-1, P.W-4, P.W.-5, P.W.-15 and P.W.-26 are related witnesses of the deceased-wife of the appellant being the mother, father, brother and sisters respectively. To determine sustainability of conviction, in my considered opinion, the evidence of the related witnesses may be evaluated first.

10) P.W.-1, the mother, Smt. Anima Das has deposed that her daughter was given in marriage to the appellant according to Hindu rites and customs as stated above and after marriage her daughter lived happily for one month with her husband. After about one month from the date of marriage as and when she used to telephone her daughter and wanted to talk with her son-in-law i.e., the appellant herein, her daughter used to tell that her husband had not returned home till that time which might be around 11pm or 12 night and when she insisted her to tell her about the cause, she suddenly broke down and started crying and informed her that her husband was maintaining illicit relation with one Menaka Chakma of East Masli. At that time, her daughter also informed that the appellant demanded Rs.50,000/- for the purpose of vegetable business to be paid by the complainant. Hearing this information, they arranged Rs.50,000/- and she carried the amount to the house of the appellant on the 2nd month of Pousha of that year and handed over the amount to the appellant in presence of his mother. At that time, she stayed back for two days in the house of her deceased-daughter and on one night, when she was sleeping with the mother-in-law of her daughter, she suddenly woke up and found her daughter walking here and there at dark night and seeing that position she also got up with curiosity and thereafter, she found that the mother of the appellant had locked the room of her daughter with lock and key and the key was kept outside the room so as to enable her son-in-law to enter into the room at odd times of the night. When on the following day, she asked her daughter, she replied that her husband used to return home at odd hours of night. She informed the issue to the father-in-law of her daughter but to no avail. She came back to her home after staying there for about six days and at that time, she also took her daughter along with her. After about 20 days, the said witness escorted her daughter on her way back to her matrimonial home. After her return, she was assaulted by her husband for divulging the fact of his maintaining illicit relation with Menaka Chakma and returning home every night at odd time. At that time her daughter was pregnant for three months. She had paid another Rs.50,000/- with a hope of her daughter‟s peace. On day of 28th Phalguna of that year she was informed by the father-in-law of her daughter that her daughter was ill and admitted to Manu Hospital. When they rushed to Manu hospital, she was telephonically informed by the father-in- law of her daughter to wait at the Manu PS gate and they were coming by an auto and thereafter, they went to the hospital by that auto along with the father-in-law of her daughter and when they got down from the auto at Manu Hospital, the father-in-law of her daughter, Bimal Bhowmik told her that her daughter already expired and hearing that information she became unconscious and thereafter, when she regained sense, she was taken to the police station and at that time two brothers of her son-in-law were there and they did not allow her to telephone anybody. She had seen the dead body of her daughter in her matrimonial home only at the night of that day. They were not allowed to shift the dead body and it was cremated there by them. She identified the appellant in the dock.

In her cross examination, she has stated that at the time of marriage there was no demand for dowry. The information of illness of her daughter was first received telephonically by her from the father-in-law of her daughter. She lodged the FIR in the next morning. On question, she has stated that she did not mention in the FIR that her son-in-law used to return home late at night in the odd hours.

11) P.W-4, Sri Rabindra Ch. Das is the father of the deceased Ranjita Das. He has stated that one day her daughter telephoned his wife that the appellant was having illicit relationship with one Chakma lady and his daughter was demanded by her husband to arrange Rs.50,000/-. He has stated that because of the illness of his wife they could not lodge the FIR on the day itself and the FIR was lodged on the following day. Considering the overall circumstances, the said witness has stated that they suspected that their daughter was killed by the members of the matrimonial house of her daughter.

There has been no substantial cross by the appellant.

13) P.W.-26, Smt. Aparna Rani Das was the elder sister of the deceased Ranjita Das. She has stated that the husband of her sister i.e., the appellant had illicit relationship with one Menaka Chakma and since she was raising objection to that relation, her sister was put to torture by the appellant. She has further stated that the appellant used to return home late at night in a drunken condition. The said witness was not cross- examined substantially.