SK. ALLAUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 12/12/2018 and 13/12/2018 passed by the learned Additional Sessions Judge, Bolpur in Sessions Trial no. 4 (November) of 2017 arising out of Sessions Case no. 81 of 2017 convicting the appellant for commission of offence punishable under Sec. 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 in default to suffer further imprisonment of one year.

(2.) Profile of the prosecution case discloses the unfortunate death of the homemaker Hena Bibi at her matrimonial home. On 20/5/2017 appellant poured kerosene oil on Hena and set her on fire. She suffered severe burn injuries. Local people rushed her to Bolpur SD Hospital in the ambulance of PW14. A telephonic message was received at the local police station that one Hena Khatoon had been admitted with severe burn injuries and her dying declaration was to be recorded. PW10 ASI Anukul Mal who was on mobile duty, on instructions from I/C, Bolpur Police Station reached the hospital. Dalim Sarkar (PW2), another police officer also went to the hospital. Dr. Atreyi Chatterjee (PW8) recorded her dying declaration in presence of the staff nurse Monimala Das (PW9) and the aforesaid police personnel. Thereafter, the victim was shifted to Burdwan Medical College and Hospital where she breathed her last.

(3.) An unnatural death case being Burdwan PS UD case no. 681 of 2017 dtd. 21/5/2017 was registered.