SAMIR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By filing this application under Sec. 482 of the Criminal Procedure Code the petitioner calls in question the legality of the judgement passed by learned Additional Sessions Judge, 2nd Court, Hooghly in Criminal Appeal No. 56 of 1995 affirming thereby the order of conviction recorded against him for committing offence under Sec. 498A/304B of the I.P.C. passed on 26/7/1995 by the learned Assistant Sessions Judge, 2nd Court, Hooghly in S.T. No. 238 of 1992.

(2.) Briefly stated, the marriage between the petitioner Samir Ghosh and Kabita Kalyan daughter of Binay Krishna Kalyan was solemnized on 24th of Baishakh, 1396 B.S. corresponding to 7/5/1989.

(3.) Kabita, the wife of Samir Ghosh succumbed to burn injury on 8/2/1991 while she was staying with her husband in her matrimonial home. Consequent upon such unnatural death of his daughter, Binay Kumar Kalyan set the criminal administration of justice into motion by informing the Officer-in-charge, Bhadreswar Police Station in writing about the unnatural death of her daughter. Consequent thereupon Bhadreswar P.S. Case No. 29 dtd. 8/2/1991 was registered. Police took up investigation which culminated into submission of charge sheet. After compliance of provision of Sec. 207 and 209 of the Cr.P.C the case was transferred to the learned Assistant Sessions Judge, 2nd Court, Hooghly. Learned Trial Court framed charge against three accused persons under Sec. 489A/304B/306 of the I.P.C., pleading innocence who claimed to be tried.