SUKUMAR DATTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Feeling aggrieved by his conviction under Section 302 of the Indian Penal Code and consequent sentence of rigorous imprisonment for life and to pay a fine of Rs. 2.000/-, in default to suffer further rigorous imprisonment for a period of 1 year ( as ordered by the learned Additional Sessions Judge, 2nd Court, Barasat, North 24 Parganas by his judgment dated 22.7.1997), the appellant has approached this Hon'ble Court thereagainst for setting aside his conviction and sentence.

(2.) A written complaint dated 28.8.1986 was lodged with the Officer- in-charge, Dum Dum Police Station by one Sri Dipak Rudra. It was alleged therein that the appellant had married Dipika, who happened to be the younger sister of the complainant, forcibly at the Kali Temple at Kalighat, Kolkata under compelling circumstances. However, the family of the complainant accepted the marriage. Sometime thereafter, the complainant carne to learn that Dipika was being tortured by her husband and other members of her in-laws house. In order to maintain peace, Dipika did not wish that her family members should interfere. Ultimately, the complainant learnt on 27.8.1986 that, on 26.8.1986, Dipika was admitted to the R.G. Kar Hospital with burn injuries. It was further alleged therein that when the complainant along with his family members had visited R.G.Kar Hospital in the morning, she was lying in senseless condition. However, on their visit in the evening they found that Dipika had regained consciousness for a while and she said that on 26.8.1986 in the evening, her husband Sukumar (the appellant) assaulted her with a bamboo and after that poured 3 litres of kerosene oil on her, confined her in a room and set fire on her by throwing a lighted match stick from a distance. It was indicated in the complaint that Dipika suffered burn injury owing to this incident and that at present she is on death bed.

(3.) The written complaint was treated as the First Information Report giving rise to Barrackpore G.R.: 3358/87 under Sections 326/307 of the Indian Penal Code.