PRADIP GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal was directed against the judgment and order of conviction passed by Sri A.K. Dasgupta, learned Sessions Judge, Malda in connection with Sessions Case No. 38 of 1991 corresponding to Sessions Trial No. 36 of 1991. The learned -Sessions Judge was pleased to find the Appellant guilty for committing an offence under Sec. 302 Indian Penal Code and sentenced him to suffer imprisonment for life.

(2.) This is a bride burning case, but here the husband: set fire and the wife succumbed to her injuries. The Appellant/husband used to reside with his wife Champa in J.M.C.D. buildings at Harishchandrapur. There were several other tenants in the said buildings residing side by side in separate tenanted accommodations in the same J.M.C.D. buildings. The Appellant and the victim had stained relation. The Appellant was also in the habit of taking, liquor. In the mid night of April 7, 1984 the co - tenants heard the sounds of breaking glass coming from the tenanted room of the Appellant where at the material point of time the Appellant, his wife and two children had been residing. The co - tenants as many as 5/6 in numbers and others woke up and found smoke and flame coming out of the room where the Appellant had been residing. They also heard the cry of the victim Champa asking to save her. They also found Champa burning. They smelt kerosene oil on the spot. The co -tenants found the Appellant to put the nylon mosquito net and saree on the burning body of the victim in order to cause further damage. In the milieu the Appellant, Pradip Ghosh, the husband of the victim managed to escape from the spot. Thereafter one of the co -tenants called the Ambulance over telephone and the victim was taken to the hospital where she immediately succumbed to her injuries.

(3.) It appears from the records of the learned lower court that the Appellant absconded for about long seven years after the occurrence and ultimately on March 13, 1991 he was brought under arrest by Calcutta Police of Shampukur police Station and produced before the learned S.D.J.M., Malda. After commitment the learned Sessions Judge framed the charge against the Appellant, for the offence under Sec. 302 Indian Penal Code when the Appellant pleaded not guilty and claimed to be tried. As many as 17 witnesses had been produced by the prosecution. After conclusion of the trial the learned Sessions Judge was pleased to find the Appellant guilty for committing offence under Sec. 302 Indian Penal Code and sentenced him to the terms already mentioned.