PARESH HELA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the learned Sessions Judge, VII Bench, City Sessions Court, Calcutta in Sessions Case No. 38 of 1997 (S.T.No. 1 of November 97) on 08.05.1998.

(2.) Briefly stated, the Prosecution case is that on 11.07.1997 at about 23.30 hrs. while the victim Puspa Devi was cooking night meal on a kerosene stove in her room in the ground floor of 67/41 Strand Road, commonly known as Posta Bazar, her husband accused Paresh Hela came there being drunk, abused her with filthy language and suddenly poured kerosene oil on her person from a plastic jar followed by setting fire with a match stick resulting in her 70% burn injuries and removal to R. G. Kar Medical College & Hospital where her declarations were recorded and she ultimately succumbed to injuries at about 2.15 p.m. on 19.07.1997. Hence, the accused was charged under Section 302 I.P.C.

(3.) The defence case, as suggested to P. Ws. and as contended by the accused during his examination under Section 313 Cr.P.C., is that the victim caught fire due to accident of stove while she was cooking on a kerosene stove. She did not give any dying declaration either before doctor or before police. After supper he went out for taking betel and on his way back from betel-shop he heard a hue and cry from his house, took his wife in an auto rickshaw to hospital and admitted her there.