PARITOSH SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 14.12.2005 and 15.12.2005 passed by learned Additional District and Sessions Judge, 2nd Fast Track Court, Alipurduar in Sessions Trial Case No. 21 of 2005 arising out of Sessions Case No.70 of 2005 convicting the appellant for commission of offence punishable under Sections 498A/304B of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life for the offence punishable under Section 304B of the Indian Penal Code and to suffer rigorous imprisonment for three years and to pay fine of Rs.2,000/- in default to suffer rigorous imprisonment for six months more for the offence punishable under Section 498A of the Indian Penal Code. Both the sentences to run concurrently.

(2.) Prosecution case, as alleged against the appellant, is to the effect that one and a half years ago the appellant was married to the victim Amrita Saha @ Uma Saha. Since marriage, the appellant subjected her to mental and physical torture on demand of money from the in-laws. A male child was born to the couple. 3/ 4 months prior to the incident, Amrita lodged a complaint at Madarihat Police Station as she was unable to bear the torture. Her husband was arrested and detained for three months. 10/12 days after his release on bail, on the fateful day i.e. 18.3.2004 he beat his wife and set her on fire. She was taken to Madarihat Hospital and thereafter to Alipurduar Hospital where she breathed her last on 19.3.2004 at 3.00 A.M. Sankar Saha (P.W.1), cousin of the deceased lodged First Information Report. In conclusion of investigation, charge sheet was filed against the appellant. Charge was framed under Sections 498A/304B of the Indian Penal Code.

(3.) In the course of trial prosecution examined 13 witnesses and exhibited a number of documents. In conclusion of trial, the Trial Judge by the impugned judgement and order dated 14.12.2005 and 15.12.2005 convicted and sentenced the appellant, as aforesaid.