NAZIMA BIBI Vs. STATE OF W B

JUDGEMENT

(1.) This appeal was directed against the judgment and order of conviction dated 27-5-1998 passed by Shri S. Mukherjee, learned Additional District and Sessions Judge, Fourth Court, Howrah in connection with Sessions Trial No. 1 (April) 1996 convicting the appellant, Nazima Bibi for committing offence under Section 302 of the Indian Penal Code and directing her to undergo imprisonment for life and also to pay a fine of Rs. 500/- in default to suffer further imprisonment for a term of two months.

(2.) Prosecution case in brief is that in the night of 20-5-1992 at about 1 a.m. the informant Nazrul Molla, son of the victim, Nekehar Bibi heard the shouts of the victim and immediately he along with Golamnabi Molla, Motiar Rahman Molla and others of the village rushed to the room of the victim and found the door of her room closed from outside. They also found fire through the gaps of the window while her mother was shouting saying Nazima, wife of Karim set her on fire. The informant and others opened the door and brought out the victim on the verandah in burning condition when the victim gave out that Nazima had poured kerosene oil on her and set her on fire and thereafter gone outside the room bolting the door from outside. The wearing sari, the mat and the pillow of the victim were burnt. Nazima's husband Karim was not present in the house on that day. The victim was immediately taken to the hospital and ultimately on the following morning she expired.

(3.) A written complaint was lodged with the Police Station and the same was treated as F.I.R. After investigation charge-sheet was submitted against the accused. Thereafter the case was committed to the Court of the learned Sessions Judge, Howrah who in his turn, transferred the case to the Court of the learned Additional Sessions Judge for trial and disposal. The learned Additional Sessions Judge framed the charge against the appellant/accused under Section 302 I.P.C. After examination of the witnesses the learned Judge examined the accused under Section 313 Cr.P.C. The defence case as it appears from the trend of cross-examination and that of the examination of the accused under Section 313 Cr.P.C. is of denial of the occurrence and that on the fateful night both the appellant and the victim were sleeping in the victim's room. After hearing both sides the learned Judge found the appellant guilty of the offence under Section 302 I.P.C. and sentenced her in the terms as stated above.