MD AFTAB ALAM Vs. STATE OF W B

JUDGEMENT

(1.) Samir Chatterjee, Joy Sengupta for the respondent. Arun Kumar Bhattacharya, J.: The present appeal is directed against the judgment and order of conviction and sentence passed by the Id. Additional Sessions Judge, 13th Court, 24-Pgs (S), Alipore in Sessions Trial No.1(2) 2000 on 20.12.2001.

(2.) A thumbnail sketch of the prosecution case is that after divorce by her first husband Md. Aslam, the de facto complainant's daughter Sahera Khatoon was married to Md. Aftab Alam in 1991, and a son and a daughter were born to them. Over the issue of demand of money and other valuable articles she was subjected to torture, physically and mentally, by her husband which she used to report to the complainant. On 14.09.95 at about 09.30 hrs. on receipt of information from her son-in-law Md. Aftab Alam regarding serious illness of Sahera, she rushed to her in-law's house and came to learn from her grand-daughter Razia Khatoon (P.W. 2) that on the night of 13.09.95 over some dispute Aftab Alam assaulted Sahera, that Razia went to bed and at about 00.30 hrs. on hearing the cry of her mother she woke up and found her mother ablaze running hither and thither in the compound and crying for help saying "Banchao, Humko Mera Aadmi Mar Dalega" and her father was standing by a side. Some neighbourers rescued and extinguished the fire by putting a blanket on her person and removed her to hospital. The complainant went to S.S.K.M. Hospital and found her in. critical condition and she was unable to speak, and on the following day she expired. Hence, the accused was charged under section 498A/302 IPC.

(3.) The defence case, as suggested to P.Ws. and as contended by the accused during his examination under section 313 Cr.PC, is denial of the prosecution story contending that while the victim was cooking, she was caught fire due to explosion of stove.