LALMOHAN BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of the judgment and order of conviction and sentence dated 03-09-2003 passed by the Additional Sessions Judge, 2nd Court, Bankura, in Sessions Trial No. 3 (6) of 1997 arising out of Sessions Case No.5 (8) of 1996 whereby the accused appellant was convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default, to suffer S.I. for six months more for the offence under Section 302 I.P.C. and to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000/-, in default, to suffer S.I. for further two months for the offence under Section 498A I.P.C. Both the sentences were to run concurrently.

(2.) The case of the prosecution is that one Niranjan Kundu, father of the victim girl lodged a written complaint with Onda Police Station on 3nd August, 1995 at 10.35 hours, wherein it was stated that the victim girl was married to the accused appellant as per Hindu Rites and Customs and since her marriage she would reside with her husband in the matrimonial house at Khamarberia. Since her marriage, she was subjected to torture and assault by her husband and in-laws. On 2nd August, 1995, the de-facto complainant was informed that his daughter had been shifted to Bankura Hospital and he along with his wife left for Bankura Hospital. On reaching there, he found the victim girl, dead. On the evening of 2nd August, 1995, the de-facto complainant came to know from the doctor that a dying declaration had been given by her implicating therein the accused appellant, brother-in-law, mother-in-law and sister-in-law as each of them had tied her hands and neck with a rope and set her on fire after pouring kerosene oil. On a visit to Khamarberia village he came to know from Srabani Biswas (Sister-in-law) that on 2nd August, 1995 a quarrel had started between the victim girl and the in-laws and the victim girl without taking her meal was lying in the verandah. At 2 P.M. Srabani noticed smoke coming out from another room and the victim girl's hands and legs were tied with rope. An alarm was raised although the accused appellant, his brother, sister and mother were present at the place of occurrence (P.O.), none of them tried to bring her from the room. Instead, it was the villagers who came and rescued her and took her to the police station. On the way, a statement was made by the victim girl to one Sukhendu P.W.

(3.) From the Police Station the victim girl was taken to Onda PHC and thereafter she was referred to Bankura Hospital where she succumbed to her injuries. On the basis of the complaint or F.I.R. filed, Onda P.S. Case No. 62 of 1995 was registered under Sections 498A/302/34 I.P.C. Investigation was undertaken and Charge sheet submitted. The case was committed to the Court of Sub-Divisional Judicial Magistrate, Bankura and thereafter transferred to the Additional Sessions Judge, 2nd Court, Bankura. Charges were framed and the same was read over and explained to the accused persons, each of whom pleaded not guilty and claimed to be tried. On the basis of the aforesaid, Trial was initiated. Prosecution examined as many as 19 witnesses. Documents were also exhibited and the accused appellant was examined under Section 313 Cr.P.C. On appreciation of the aforesaid, the Trial court passed the order of conviction and sentence on 3rd September, 2003, only in respect of the accused appellant. Although charges were framed against Sudhangshu Biswas, brother, Sandhya Biswas, sister and Bharati Biswas, mother of the accused appellant, each of the aforementioned persons were acquitted under both Sections 498A and 302 I.P.C.