ARINDAM KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has already suffered sentence in Sessions Trial No.5 of 2012 arising out of Session Case No.237 of 2010. After serving out the term period of sentence of imprisonment, he is now released. However, the appellant has pursued the instant appeal questioning the legality of conviction passed by the learned trial court.

(2.) Chanditala P.S Case No.80 of 2008 was registered on the basis of a written complaint submitted by one Prosanta Kumar Koley before the Officer-in-Charge of the said P.S on 13/7/2008 alleging, inter alia, that his niece Bulti, since deceased, wife of appellant Arindam Kumar received severe burn injury on 13/7/2008 and she was admitted to Chanditala Rural Hospital. The complainant and other paternal relations of Bulti went to the said hospital and came to know that she was referred to Calcutta Medical College and Hospital for better treatment. They also came to know that on that date at about 9.30 am the appellant and his parents brutally tortured her both physically and mentally and poured kerosene oil on her body and ablazed her. It is also alleged that the time of marriage of Bulti with the appellant, the father of Bulti gave bridal presents, gold ornaments, cash of Rs.1,00,000.00 and other articles as per the demand of the bride groom. However, after some days of her marriage, Bulti was subjected to torture by her husband and parents-in-law on demand of dowry. When Bulti expressed her inability to convey demand of her husband and parents-in-law to her father, they raised level of torture upon her. She fled away from her matrimonial home and took shelter at her paternal home but her father, mother and other relatives persuaded her to go back to her matrimonial home.

(3.) Initially police registered Chanditala P.S Case no. 80 of 2008 dtd. 13/7/2008 under Sec. 498A/326/307/406 of Indian Penal Code against the appellant and his parents. But the victim succumbed to her injuries after 17 days of incident. After her death the accused persons were prosecuted under Sec. 302 of the Indian Penal Code.