NAKUL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Nakul Das, the sole appellant from jail preferred this appeal challenging the judgment and order of learned Additional Sessions Judge, 3rd Court, Alipore passed in connection with S.T. No. 2(5)/1999 corresponding to S.C. No. 16(9) 1998 arising out of G. R. Case No. 2670/1996 relating to Chitpore P. S. Case No. 333 dated 10th November, 1996 whereby the appellant was convicted under section 302 cf the I.P.C. for murder of his wife Sabitri DaS and was sentenced to suffer imprisonment for life and also to pay a finf of Rs. 10,0007- in default rigorous imprisonment for two years.

(2.) On 10.11.1996 at about 6.40 p.m. Sabitri Das, wife of the appellant was brought to emergency unit of R. G. Kar Hospital by the appellant and his neighbours with hundred per cent burn injuries on her body. The prosecution case is that soon after admission in the emergency unit, Sabitri Das gave a statement to the attending doctor that on 10.11.1996 at about 6.15 p.m. she was assaulted by her husband and thereafter her husband after pouring kerosene oil on her body put fire resulting her injuries. It is the prosecution case that on 10.11.1996 Sabitri Das also gave a statement to Sub-Inspector Faiyaz Ahmed of Chitpore P. S. in presence of an attending doctor and that statement of Sabitri Das was treated as F.I.R. to start Chitpore P. S. Case No. 333 dated 10.11.1996.

(3.) It is the prosecution case that on 11.11.1996 Sabitri Das also gave a statement mentioning therein the involvement of the appellant in presence of two other doctors of R.G. Kar Hospital and Sabitri Das ultimately died on 11.11.1996.