SHOVAN SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 25/4/2018 and 26/4/2018 passed by learned Additional Sessions Judge, 4thCourt, Krishnagar, Nadia in Sessions Trial No. 01(01) of 2015 arising out of Sessions Case No.24(12) of 2014 convicting the appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000.00, in default, to suffer simple imprisonment for three months more.

(2.) Prosecution case as alleged against the appellant is as follows :- Sumi Laha @ Puja (the deceased) was a 14-years old girl. She had a love affair with the appellant, a neighbour. In the evening of 13/9/2014 Sumi was alone at her residence. Her mother viz. Runu Laha (PW1) had gone to attend puja at a nearby house. Her father viz. Sujit Laha (PW9) was also outside. While Runu was at the puja, she was informed that her daughter had suffered burn injuries. She rushed to her residence. She found her daughter with burn injuries. Local people viz. Amit Kumar Dutta (PW6), Kartick Sutradhar (PW7) and Liton Pramanick (PW8) were present. They informed they had entered the room after unlocking the door. She asked her daughter why she had done this to herself. In response, her daughter stated appellant had set her on fire. Victim was taken to Debagram Health Centre. Due to lack of medical facility, she was referred to Krishnagar Hospital. Immediately after admission she expired. Written complaint was lodged by Runu at Debagram ROP resulting in registration of Kaliganj Police Station Case No.545 of 2014 dtd. 14/9/2014 under Sec. 302 of the Indian Penal Code and Sec. 18 of the POCSO Act against the appellant.

(3.) In course of investigation, appellant was arrested. Charge was framed under Sec. 302 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried.