IRA GHOSH AND ANOTHERS Vs. STATE

JUDGEMENT

(1.) Renuka Ghosh, wife of Smriti Kumar Ghosh, of 511, Rabindra Sarani, Calcutta, died of burn injuries. She caught fire at about 9 p.m. on 27-9-83. She died in the hospital, R. G. Kar Hospital, on 28-9-83 at about 5-20 a.m. The appellant No. 1, Ira Ghosh, is the wife of the elder brother of the appellant No. 2. Both were charged under S. 302/34 of the IPC for causing the death of Renuka by pouring kerosene oil on her body and clothes and by setting fire, which ultimately caused the death of the victim.

(2.) It is said that when it was noticed by the neighbours that Renuka was engulfed in fire, some of them went there and extinguished the fire. Tapan Pal, one such neighbour, went inside the room along with Babu Lal Shaw. He found that a female was burning and another person was trying to extinguish the fire. Tapan Pal took-over a quilt from the hand of the other person and extinguished the fire by covering the victim with that quite. He brought her out in his arms and put her ina vehicle, covered by the quilt. Nibe Babu, the elder brother of Smriti (appellant No. 2) escorted her to the hospital in a private car. Another witness and neighbour, Pran Krishna Mukherjet, on feeling that there was fire in the house, went there and saw a burning body inside the room. Smriti, the appellant No. 2, suddenly entered the flat of Pran Krishna and lay down prostrate. The witness, Prem Krishna, applied Burnol to Smriti. People removed the burning body of the wife of the accused Smriti. The fire brigade was informed and the fire brigade men reached the premises and went to the first floor of the building. They came to know that a woman had caught fire and she was removed to the hospital. Some police constable also reached the spot and got information that a woman had received burn injuries and that she was removed to the hospital. In the hospital, the victim, Renuka, was examined by PW-7, Dr. Siraj of the R. G. Kar Hospital. He sent the patient to the ward, namely, Observation Surgery Unit. According to PW-7, the doctor, the patient told him before she was sent to the ward that she got burn injuries when her husband and elder brother's wife Ira Ghosh, put kerosene oil over her body and set fire.

(3.) Another doctor, Dr. Subir Kumar Basu (PW-6) issued the death certificate in respect of Renuka. He also signed on the bedhead ticket of the patient on 28-9-83. During his presence, the statement of Renuka was recorded by the police officer on 28-9-83 and this witness signed the statement recorded at the bed side of the patient. That statement, recorded by the Police Officer, has been treated as another dying declaration. Police Officer, Mr. Ram Narayan Banerjee (PW-41), on getting information that a woman received burn injuries proceeded to the R. G. Kar Hospital. He arrived around 00.20 hours on 28-9-83 and around 00.30 hours he collected the M.C. of Renuka which disclosed, according to him, a cognizable case. He started the investigation. He went to the Female Ward of casualty Block and found Renuka in a serious condition. Around 00.40 hours on 28-9-83, he recorded the statement of Renuka Ghosh in presence of the doctor, PW-6. That statement was treated as dying declaration. He rushed next to No. 511, Rabindra Sarani and took the accused Ira into custody. There he seized certain alamats and examined some witnesses and then returned to the police station, accompanied by Smriti Kumar Ghosh and Ira Ghosh in custody. A case No. 343 dated 28-9-83 under S. 307 of the IPC was started against Ira Ghosh, treating the M.C. as the FIR. Smriti was allowed to go home after his examination. After getting the report of the death of Renuka, the charge was converted to S. 302 of the IPC. Arrangement for post mortem examination was made. Thereafter, on different dates he examined different witnesses. On 14-11-83, Smriti Ghosh was arrested. After completing investigation, he submitted charge-sheet on 26-12-83.