KANAILAL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of the conviction of the appellant, father-in-law of the deceased-Laxmi Rani under Section 306 I.P.C. and sentencing him to undergo rigorous imprisonment for five years.

(2.) Briefly stated the case of the prosecution is that the victim-Laxmi Rani was married to Dilip Kumar Sarkar son of the appellant at the young age. Further case of the prosecution is that the appellant, father-in-law of the deceased was harassing her and that her husband is not working and she has to bring money from her parents. On 10th October, 1986 at 10.00 a.m. father-in-law (appellant herein) and mother-in-law of the deceased-Laxmi Rani are said to have quarrelled with the deceased-Laxmi Rani and assaulted her due to which Laxmi Rani was about to return to her parents' house; but at that time the appellant forcibly took her inside the house, poured kerosene on her and set her on fire. Laxmi Rani was admitted to hospital and later on she succumbed to her injuries. An FIR was initially registered under Sections 326, 307 and 498-A I.P.C. which was subsequently altered to Section 302 read with Section 34 I.P.C.

(3.) Upon consideration of the evidence and the dying declaration of the deceased-Laxmi Rani and also dying declaration recorded by the Executive Magistrate (PW-9), the Trial Court held that the dying declaration is true and voluntary and accordingly convicted both, the appellant herein and the second accused, namely, mother-in-law of the deceasedLaxmi Rani under Section 302 I.P.C. read with Section 34 I.P.C. However, they were acquitted of the charges under Section 498-A I.P.C.