NIDHU CHITRAKAR Vs. STATE

JUDGEMENT

(1.) This appeal arose out of judgment and order dated 27.7.2006/28.7.2006/ 29.7.2006 passed by the learned Additional Sessions Judge, Fast Track Court, Bolpur, Birbhum in Sessions Case No. 151 of 2004 under Secton 498A/304B, IPC convicting the appellants for commisson of offence under Section 304B, IPC and under Section 498A, IPC and sentencing them to suffer R.I. accordingy with default clause.

(2.) In the background of this appeal the fact in a nutshell is that one Alhadi Chitrakar lodged a written complaint before the Nanur P. S. on 19.8.98 stating that her daughter Kanakchapa was married to Nidhu Chitrakar of village Pakurhas after giving cash of Rs. 80,000/ and gold ornaments as joutuk but as she could not fulfill the demand of balance dowry money of Rs. 5,000/ out 1 of Rs. 80,000/ and half vori gold ornaments the accused persons started torturing her daughter and ultimately, the accused persons set her on fire after pouring kerosene oil on her person and on 16.8.98 at about 9 P.M. in the night she was admitted in the hospital and on the next morning on 17.8.98 at about 7 a.m. Kanakchapa expired.

(3.) The case was committed before the learned Court of sessions and thereafter the learned trial Court framed charges under Section 498A/304B, IPC against the accused persons.