LAWS(CAL)-2011-1-98

JAGAT TARAN CHAKRABORTY Vs. STATE

Decided On January 14, 2011
JAGAT TARAN CHAKRABORTY Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The Appellant herein Jagat Taran Chakraborty, husband of the deceased of 92, Tollyguange Road, Kolkata-33 was tried by the learned Additional Sessions Judge, 4th Court, Alipore, 24 Parganas (south) in Sessions Trial No. 2 (11) of 2000 for the offence punishable under Section 302 IPC. Vide judgment and order dated 22.04.02, the Appellant/accused was convicted for the said offence. He was sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten thousands only) i/d to suffer further R.I. for six months as per order dated 23.04.02. Being aggrieved by the said judgment and order of conviction, the Appellant preferred the present appeal.

(2.) Rina Chakraborty, an educated young house wife, aged 25 years succumbed to her burn injuries at M.R. Bangur Hospital at 11 PM on 31.12.99 leaving behind her daughter Romita @ Mumpi, aged about 2? years. She was married to the Appellant on 21.04.95. It was a love marriage. In November 1998 a maintenance case under Section 125 Code of Criminal Procedure was filed against her husband. She had to leave her matrimonial home and to reside at her parental home at 86B, Tollyguange, Kolkata 33 on and from 12.01.97. The Appellant husband began to pay visit there on the plea to see her ailing father. He used to entreat her to go back to her matrimonial home. On his persuasion she ultimately returned to her husband's house on 01.11.1999.

(3.) On 31.12.1999 at about 10.30 AM there was a quarrel between the spouses followed by scuffling over family affairs. During such quarrel her husband poured Kerosine Oil on her and ignited a match stick which was thrown on her saree which caught fire immediately. She started screaming for help and her husband started shouting for help stating that she had set fire to herself. Thereafter, neighbours came and tried to extinguish fire by pouring water. She was, thereafter, brought to M.R. Bangur Hospital by her husband and one Sinbani Ghosh (P.W. 14). She was admitted in the said hospital for medical treatment.