LAWS(CAL)-2014-4-29

TARAK CHAKRABORTY Vs. STATE OF WEST BENGAL

Decided On April 08, 2014
Tarak Chakraborty Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 24/6/2011 and 27/6/2011 respectively passed by the learned Additional District and Sessions Judge 2nd Fast Track Court, Chandannagar, Hooghly in Sessions Trial Case No. 8/11 arising out of Sessions Case No. 248/10 whereby and where under the appellants were found guilty under Section 302/34 of the Indian Penal Code and both were sentenced to suffer imprisonment of life and to pay a fine of Rs. 5,000/- each and in default to pay the fine, to suffer a further imprisonment for 6 (Six) more months. The period of detention already undergone during investigation, enquiry or trial was directed to be set off.

(2.) The instant case arises out of a written report made by one Ranjit Chakraborty before the Officer-in-Charge, Bhadreswar P.S. The said report dated 30/3/10 stated inter-alia that his elder sister, Bharati Mukhopadhyay was living in her house in which one Tarak Chakraborty was also living forcibly. A Civil Suit was pending regarding this matter in the Court of the learned Civil Judge (Junior Division) 1st Court, Chandannagar being Suit No. 60 of 2010. Upon getting copy of a notice of that suit, Tarak Chakraborty threatened his elder sister and he along with Pradip, Amiya Porel and 2 /3 other persons rebuked her with filthy language. At 6 A.M a neighbour informed him that his elder sister was ill. He at once went to the house and saw her lying in a burnt condition in front of the house. It was at that time that his elder sister informed him that Tarak Chakraborty, his wife and 2/3 more persons had poured kerosene oil on her body while she was alone and had tried to kill her by setting her on fire. According to the informant, the miscreants knew that if they were able to set her aflame then his elder sister would die and they did this to grab her property. The informant took his sister immediately to the Chandannagar Hospital and then to the Chinsura Hospital where she was struggling with life and death. The informant stated that he was so busy in the treatment of his sister that there was some delay in lodging the report. It appears that the written report was typed by somebody at the instruction of Ranjit Chakraborty. The informant, having seen it to be correctly typed, signed on the same. On the basis of the aforementioned written report, the Chandannagar P.S initiated P.S. Case No. 56/10 dated 30/3/2010 under Sections 307/506/326/34 of the Indian Penal Code. Subsequently with the death of the victim, charge sheet was submitted under Section 302/34 of the Indian Penal Code. Charges were read over and explained to the accused persons where after they were put on trial when they pleaded not guilty. The prosecution, has examined, in all 16 witnesses. They are --- P.W 1 Ranjit Chakraborti Complainant.

(3.) The defence also produced one witness namely Shyamal Kr. Roy who was examined as D.W 1. The case appears to be hinged upon a statement / dying declaration of Bharati Mukhopadhyay which was recorded by one Dr. Subhas Ch. Hazra (P.W 7) and in the presence of one Swatilekha Adhikari (P.W 11), the nurse at 3 P.M. In the said dying declaration it was stated as follows ---