SWAPNA DEB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30.09.2015 and 01.10.2015 passed by the learned Additional Sessions Judge, 3rd Court, Dakshin Dinajpur at Balurghat in ST No. 24 of 2015 arising out of SC No 277/2014 convicting the three appellants for commission of offence punishable under Sections 448, 302, 34 of the Indian Penal Code and sentencing them to suffer imprisonment for one year each under Section 448 of Indian Penal Code and to suffer imprisonment for life each and to pay a fine of Rs.20,000/- each in default, to suffer rigorous imprisonment for six months more under Sections 302/34 of Indian Penal Code. Both the sentences to run concurrently.

(2.) Prosecution case levelled against the appellants is to the effect that the deceased Nomita Mohanta, a married lady, had a clandestine affair with the son of appellant no.1, Swapna Deb. In retaliation, on 30.05.2013 around 9.00 A.M. Swapna along with her daughter, Buri Mohanta and Purnima @ Puni Mohanta, a neighbour, assaulted the victim and set her on fire. She was shifted to the Balurghat Sadar Hospital and first information was lodged by her mother Shyamoli Mohanta, P.W.1 against the accused persons.

(3.) P.W.8, Aurobindo Ghosh, is an Executive Magistrate recorded her dying declaration (Ext.7) at the hospital in the presence of doctor P.W.7 and staff nurse, P.W.9. Subsequently, the deceased expired.