JAGANNATH KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgement and order dtd. 23/5/2008 and 26/5/2008 respectively passed by Additional Sessions Judge, Special Court, Dakshin Dinajpur at Balurghat in Sessions Case No.309 of 2004 (Sessions Trial No. 39 of 2004) convicting the appellant for commission of the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.3,000.00, in default, to suffer imprisonment for one year more. By the self-same judgment the other accused persons namely Pratima Kundu and Mahadev Kundu were found not guilty for offence punishable under Ss. 498A/302/34 of the Indian Penal Code and were acquitted from the charges levelled against them.

(2.) The prosecution case as alleged against the appellant is to the effect that he was married to the deceased Rupa Kundu daughter of PW1 as per Hindu rites and customs about 3/4 years ago (from the date of occurrence). After one year of marriage she was subjected to mental and physical torture by the appellant-husband and other in-laws in relation to demand of money. On 3/3/1998, in the evening the appellant along with other in-laws inflicted torture upon her and the appellant poured kerosene oil on the victim and set her on fire. PW1 was informed of the incident by his grandson Chanchal and thereafter he along with his wife and other family members went to Balurghat Hospital where the victim was admitted with burn injuries and on query she stated that the appellant poured kerosene oil and set her on fire. Upon such fact FIR was registered being Hili PS case no.32 of 1998 dtd. 5/3/1998 under Sec. 498A/326/307/34 of the Indian Penal Code and was put into investigation. On expiry of the victim on 13/3/1998, Sec. 302 of the Indian Penal Code was added.

(3.) Upon conclusion of investigation police submitted charge sheet against the appellant and two others under Sec. 498A/326/307/302/34 of the Indian Penal Code.