GANESH GURIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 23/12/2019 and 24/12/2019 passed by Learned Additional Sessions Judge Fast Track, 1st Court, Contai, Purba Medinipur in Sessions Trial No. 25/December/2007 arising out of Marishda PS Case No.107 /2005 dtd. 19/12/2005 under Sec. (s) 498A/302/ 34 of the Indian penal Code (for short IPC) read with Sec. 3/4 Dowry Prohibition Act (for short DP Act), corresponding GR Case No. 632/2005, whereby both the appellants were convicted and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000.00 each in default to suffer further rigorous imprisonment for one year for the offence punishable under Sec. 302/34 IPC. They were further sentenced to suffer rigorous imprisonment for three (3) years each and also to pay a fine of Rs.3000.00each in default to suffer further rigorous imprisonment for one (1) year for commission of offence punishable under Sec. 498A/34 of IPC. Both the sentences were directed to run concurrently.

(2.) Accordingly to prosecution case, after marriage of the Ganesh Guria (appellant) with Lamxi Guria (deceased) on 28th Jaishtya, 1411, Bengali Calendar, she was being harassed and ill treated by the appellant, in connection with demand of Rs.30,000.00which was not given to the in-laws of the deceased, as a result of which Laxmi Guria was beaten by the appellants and set her on fire after pouring kerosene oil on 18/12/2005 and also fled away from the place. On hearing noise neighbours came and doused the fire with water. One of the neighbour informed the complainant who rushed to the house of appellant and found her daughter in almost completely burnt condition. Immediately she was taken to Contai Sub Division Hospital. It was further alleged that on way to Hospital they found appellants on the road and they were forcibly taken into the car.

(3.) On receipt of the said written complaint (exhibit-2) addressed to officer-in-charge, Marishda Police Station, District Purba Medinipur, the same was registered under Marishda Police Station Case No. 107/2005 dtd. 19/12/2005 under Sec. 498A/307/349 IPC. Further case of the prosecution is that Laxmi Guria was shifted to NRS Medical College and Hospital where she succumbed to her injuries.