JITEN BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dtd. 15/6/2015 and 18/6/2015 passed by the Additional Sessions Judge, 3rd Court, Tamluk in Sessions Trial No. 3(11)/2014 arising out of Sessions Case No. 299 (June) of 2014 whereby convicting and sentencing the appellant to suffer rigorous imprisonment for 10 years along with a fine of Rs.30,000.00, in default, to suffer simple imprisonment for six months for the offence punishable under Sec. 326A/34 of the Indian Penal Code.

(2.) Brief facts of the prosecution case is that one Smt. Pampa Barman, the mother and sister of the victims alleged that on 10/8/2013 at night after having dinner her daughter, Sastika Barman and sister, Shampa Barman had been sleeping in the father's house. At about 2 a.m. at night her sister and daughter started shouting loudly. After awakening parents of the complainant immediately switched on the electric light and noticed the face, breast of her sister and the belly, hand and leg of her daughter were burnt extensively with blisters. It was suffocating in the whole room by the essence of carbolic acid. Immediately her sister and daughter were removed to hospital for their treatment. Both were admitted in Tamluk District hospital in serious condition.

(3.) It was further alleged that Jiten Barman S/o- Dipak Barman of Rajanagar Baharjola, P.S.- Tamluk and his friend Gajen Jana S/o- Naru Jana of Kalapenya P.S.- Nandakumar, District- Purba Medinipur used to tease her sister in various manner while going to school on the road. Jiten Barman used to propose her for marriage. As her sister disagreed with his proposal, Jiten Barman used to express if she does not marry him he would make her condition so that no man of the world would marry her and also expressed that human being would be frightened by seeing her face. As her sister informed about the incident to her parents, they stopped her from going to school or on the road and promptly arranged for the marriage of her sister. Date was proposed for the visit of bride groom's party from Haur on 11/8/2013 for betrothal. It was her strong belief that coming to know this fact Jiten Barman and his friend Gajen Jana had spoiled the life of her sister and daughter by throwing acid on their persons. She submitted a written complaint to that effect in resulting Tamluk P.S. Case No. 338 of 2013 dtd. 11/8/2013 had been started under Sec. 450/326A/307 I.P.C. against the appellant and his friend Gajen Jana.