STATE OF WEST BENGAL Vs. PURNENDU KUMAR PATRA

JUDGEMENT

(1.) The Death Reference No. 4 of 2005 has been heard along with the Criminal Appeal No. 599 of 2005 preferred by the appellant Purnendu Kumar Patra and another against the conviction and sentence under section 302 IPC passed by the Additional Sessions Judge, 1st Fast Track Court, Contai, Purba Medinipur in Sessions Trial No. LV/March/04.

(2.) A case of murder was instituted following the death of a house-wife in acid burn injury. The alleged incident occurred in between the late night of 26.10.98 and the early morning of 27.10.98. The lady succumbed to her injury nearly a month thereafter. The prosecution case, as disclosed in the FIR and narrated by the witnesses during the trial, was to the effect that on the early hours of 27.10.98 the housewife called Saraswati Guchait opened the door of her house when the appellants called her from outside. The moment the door was opened, the appellants threw acid bulb on her. Writhing in pain, the housewife narrated the incident to her relations and neighbours who rushed to the spot to rescue her. She was initially taken to the police station wherefrom she was sent to the hospital for treatment. Apprehensive of her life and security in the hospital as well, the housewife sent a written FIR to the local police station for taking immediate steps against the miscreants. On receipt of such information from her, full-scale investigation was launched.

(3.) On assuming charge, S. I. Dibakar Bhattacharya visited Contai Sub-Divisional Hospital. He made a written prayer to the medical officer for having the dying declaration of the housewife recorded. The medical officer, however, declined to record her statement, as she reported to be progressing well. Meanwhile, the Investigating Officer visited the place of occurrence and prepared sketch map with index and examined the available witnesses. With the housewife succumbing to her injury on 23.11.98, steps were taken by him to hold the inquest over the deadbody. Afterwards the deadbody was sent to the hospital for post-mortem examination. Eventually, on examination of the available witnesses, seizure of the incriminating articles and collection of the papers including the post-mortem report, chargesheet was submitted.