ASOKE DAB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 12th March 1998 passed by the learned Additional Sessions Judge, 1st Court, Midnapore, in Sessions Trial No.VI/June/92 by which the accused/husband Ashok Dab was convicted of offences punishable under Sections 498A/304B and 302 IPC and his near relations were all acquitted of the same charges. The appellant-husband also by an order dated 12th March 1998 was sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs.2000/-, in default to undergo further rigorous imprisonment for one year for the offence punishable under Section 302 IPC. He was also sentenced to suffer rigorous imprisonment for a period of three years as also to pay a fine of Rs.1000/-, in default to undergo further rigorous imprisonment for six months for the offence punishable under Section 498A. Both the sentences were however directed to run concurrently. The convict has come up in appeal.

(2.) THE facts and circumstances of the case briefly stated are as follows:- THE appellant Ashok Dab fell in love with his neighbour Sushmita alias Dukhirani. THE affair culminated in a social marriage. Within three years of her marriage she died on 16th August 1989 of severe burn injury. A written complaint was promptly lodged alleging continuous cruel treatment since three months after the marriage followed by physical assault and demand for a piece of land. THE victim was hospitalised. Dr. K.K. Maity, Surgeon of Ghatal Sub-Divisional Hospital, attended the patient and recorded her dying declaration. Dr. M. Mishra, EMO of Ghatal Sub-Divisional Hospital, had admitted the patient. He also recorded the dying declaration of the patient. THE dying declaration was also witnessed by staff nurse Shrimati Kajal Bera (PW 8). THE learned trial Court considering the evidence including the dying declaration passed the aforesaid judgment and order. Before adverting to the submissions advanced by Mr. Mitra, learned Advocate appearing for the appellant, it would be proper to notice the evidence in some detail.

(3.) ON examination I found that the patient had extensive burn all over her body.