STATE OF WEST BENGAL Vs. USTAB ALI

JUDGEMENT

(1.) The appeal and death reference are taken up for hearing analogously and are being disposed of by this common judgment and order.

(2.) By judgment and order dated 7.3.2018 and 8.3.2018 the learned Additional Sessions Judge, Kandi, Murshidabad in Sessions Case No.374/2015 corresponding to Sessions Trial Case No.29(09) 2015/G.R.1361/2015 convicted the appellant under section 302 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and sentenced him to death.

(3.) Prosecution case, as alleged against the appellant is to the effect about seven years ago the appellant married the deceased Nafija Bibi according to Muslim rites and customs. Initially their conjugal life was happy. However, after the birth of three daughters, the appellant and his in-laws subjected Nafija to physical and mental torture. It was further alleged appellant had developed illicit relation with another woman. On the night of 31.5.2015 when Nafija and her three children, namely, Amina Khatun (5 years), Marsida Khatun (3 years) and Tuhina Khatun (1 year) were sleeping in bed the appellant poured kerosene oil on them and set them on fire. As per written complaint lodged by P.W.1, Golam Mostafa, father of Nafija, Kandi P.S. Case No.529 of 2015 dated 31.5.2015 under sections 498A/304B/302/34 of I.P.C. and sections 3 and 4 of Dowry Prohibition Act was registered against the appellant and one Akbar Ali. Appellant was arrested on 1.6.2015. On 6.6.2015 one blue coloured plastic jar smelling of kerosene and some paddy straw were seized. Post-mortem report was collected and charge-sheet was filed against the appellant. Charges were framed under sections 498A/304B/302 of I.P.C. Appellant pleaded not guilty and claimed to be tried.