GANESH MALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Under challenge in the present appeals is the judgment and order of 30th day of April, 2010 passed by Learned Sessions Judge, Dakshin Dinajpur at Balurghat in Sessions Trial No. 81 of 2007 arising out of Hili PS Case No. 54/2007 dtd. 7/4/2007 under Sec. 498-A/302 of the Indian Penal Code (for short IPC) whereby, appellant was convicted under Sec. 498-A/302 of the IPC and was sentenced to rigorous imprisonment for two (2) years and fine of Rs.1000.00(Rupees one thousand) only with default stipulation of additional rigorous imprisonment for three (3) months for the offence punishable under Sec. 498-A IPC and also sentenced to rigorous imprisonment for life and to a pay a fine of Rs.5,000.00 (Rupees five thousand) failing which directed to suffer further rigorous imprisonment for 6 (six) months for the offence punishable under Sec. 302 IPC.

(2.) The case of the prosecution, as unfolded from the First Information Report dtd. 7/4/2007 arising out of Hili PS Case No. 54/2007 under Sec. 498-A /302 IPC, is that the informant Alok Mali son of late Rabin Mali gave an application in the Hili Police Station on 7/4/2007 that his sister Namita Mali daughter of Rabin Mali was married to Ganesh Mali, appellant of this case, in the year 2003. Her husband (appellant) suspected her wife (deceased) and used to beat her. On 5/4/2007 at about 12.00 in the night appellant beat her wife and set her ablaze after pouring kerosene oil. Appellant tried to shift the body of his sister with the help of a wrapper. Neighbours' saw the incident and made noise and rushed to the spot and shifted his sister to Balurghat Sadar Hospital and informed the complainant on 6/4/2007 at 09.00 p.m. his sister died living behind her daughter aged about 2 (two) years.

(3.) On receipt of the aforementioned written complaint Hili PS Case No. 54/2007 under Sec. 498-A/302 IPC was started and S.I Kenneth Foning was endorsed the case for investigation. During investigation he visited P.O prepared rough sketch map with index (exhibit- 11). He seized some burnt pieces of cloths, one thin partially burnt mattress and one brown colour bottle with smell of kerosene under a seizure list 4/1. He examined and recorded the statement of available witnesses under Sec. 161 of the Criminal Procedure Code (for short Cr.P.C) and arrested the accused. On his prayer statements of Manju Mali, Renuka Mali and Subodh Mali were recorded under Sec. 164 of the Cr.P.C. He collected bed- head tickets. Thereafter, on completion of investigation he submitted charge sheet under Sec. 498-A/302 of the IPC.