BULU BAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is preferred against the judgment and order of conviction dtd. 30/11/2015 passed by the Additional Sessions Judge, FTC-1, Tamluk in Sessions Trial No. 3(5) of 2013 arising out of Sessions Case No. 160(3) 2013 convicting the appellants under Sec. 302 of the Indian Penal Code and sentencing them to suffer life imprisonment for commission of offence punishable under Sec. 302 of IPC.

(2.) The prosecution case emanated from a complaint dtd. 24/11/2012 wherein the complainant Sambhu Maity's daughter deceased victim Asima Maity (Bag) @ Manasi was married to Mithun Bag son of Nilkanta Bag village of Gourangapur within the jurisdiction of Tamluk Police Station about one and half years ago out of an affair between them. His daughter continued with her conjugal life at the matrimonial house with her husband Mithun Bag who along with his father and mother aspersed the character of his daughter abusing and assaulting her with further threat to murder her. The complainant used to persuade her daughter to continue with her married life disregarding the aforesaid incident and also the enticement of her father-in-law since he wanted her to lead a happy married life. On 24/11/2012 at 4.30 A.M. relatives of his daughter's father-in-law informed him over phone that his daughter was burnt. The complainant along with his wife and other relatives reached the matrimonial house of his daughter at about 6.30 a.m and found her burnt body lying on her belly in front of the stair case of the verandah. He found spot of blood stain on the floor. His daughter's tongue was placed out and she was burnt completely from her head to foot sole, roasted and shrunk. The attic of the house smelled of kerosene of certain burnt things. He came to know from the local people at about 11/11.30 p.m the night before they heard a clamour. At about 3.30 a.m to 4.00 a.m the attic of the house was seen to be set on fire. The dead body of his daughter was found in the aforesaid condition after the fire was extinguished. The complainant strongly believed that the husband, father-in-law and mother-in-law of her daughter conspired and murdered her through strangulation and, thereafter, in order to suppress the incident and to hide the evidence set her on fire by pouring kerosene oil on her body at the attic and further prayed for appropriate steps to punish the murderers of his daughter.

(3.) Based on the written complaint case No. 599/2012 dtd. 24/11/2012 under Sec. 498A/302/201/34 IPC was instituted against the appellants. The formal FIR was registered against the appellants i.e. Mithun Bag, Nilkanta Bag and Bulu Bag and the investigation ended in submission of charge-sheet No. 44/2013 dtd. 12/12/2013 under Sec. 498A/302/201/34 of the Indian Penal Code.