SUBRATA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The elder brother of the deceased had lodged a complaint with the police on July 20, 2015 which was registered as Moyna Police Station Case No. 165/2015 dated July 20, 2015 under Ss. 498A/302 of the Indian Penal Code, 1860.

(2.) In the police complaint, the elder brother of the deceased had stated that, the deceased and the appellant were married. They had lived peacefully and happily for around 15 years. Out of the wedlock, a daughter and a son had been born. Four years prior to the police complaint, the appellant tortured the deceased physically and mentally. The deceased had asked him not to complain to any person as she wanted to live in her matrimonial home. When the level of torture had increased, the deceased informed the matter to him. Several attempts had been made to settle the domestic problems through village mediation. On July 19, 2015 at around 2 o'clock in the noon, the deceased and the appellant returned from Mumbai. On that night, the deceased had gone to the Rath fair with the appellant. After visiting the fair, they had returned to their home. An altercation had happened between the deceased and the appellant with regard to domestic issues. At around 11:40 PM in the night, the appellant had tied hands of the deceased to the back of the plastic chair with the help of cloth. He had then poured alcohol on the entire body and set it on fire. The deceased had fallen down on the ground. Thereafter, the appellant had cut the throat of the deceased with a sharp cutting tool and killed her brutally. As soon as the de-facto complainant had received the news he had gone to the matrimonial home of the deceased with other people. There he had noticed the deceased to be lying dead on the ground with the hands tied. He had also seen a bloodstained sharp cutting tool beside the dead body of the deceased. After the police had been informed, they came to the spot and took the dead body for post-mortem.

(3.) Police had investigated the First Information Report and submitted a charge sheet with regard thereto. The Court had framed charges against the appellant under Ss. 498A/302 of the Indian Penal Code, 1860 on February 19, 2016. The appellant had pleaded not guilty and claimed to be tried.