SANJIT MAJHI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment of his conviction of the charge under Section 302 of the Indian Penal Code (in short I.P.C.) and sentence of life imprisonment with fine of Rs.5,000/ - and in default of payment of fine for rigorous imprisonment of one year passed by learned Additional Sessions Judge, 4th Fast Track Court, Jangipur, Murshidabad in Sessions Trial No. 14/Feb/10 corresponding to Sessions Serial No. 71/09.

(2.) In the trial Court charges under Sections 498A/302, I.P.C. were framed against three accused persons who are the appellant and his parents Gayal Majhi and Smt. Tula Majhi alleging that they had subjected cruelty upon appellant's wife Mandira Majhi and they had murdered Mandira Majhi setting fire on her after pouring kerosene oil on 17.03.2006 at 8:00 a.m. in their house. During trial, prosecution examined six witnesses including Mandira's father (PW 1), mother (PW 2) and the investigating police officer (in short I.O.) as PW 6. Some documents were also produced as exhibits. The accused persons were examined under Section 313, Code of Criminal Procedure (in short Cr.P.C.). They did not adduce any evidence. In the impugned judgment, accused Gayal Majhi and Smt. Tula Majhi were found not guilty of both the charges under Sections 498 A/302, I.P.C. and they were acquitted. Appellant was found not guilty of the charge under Section 498 A, I.P.C. and acquitted but was found guilty of the charge under Section 302, I.P.C. and he was convicted and sentenced.

(3.) On 17.03.2006 at 7:30 p.m. the PW 1 Chandan Majhi lodged written FIR at Raghunathganj Police Station (in short P.S.) complaining that since after marriage of his daughter Mandira with the appellant she was tortured by appellant and his parents. On 17.03.2006 at about 8:00 a.m. accused persons assaulted Mandira and she tried to go to the house of PW 1 at which the accused persons again assaulted and abused her in filthy language. They forcibly confined her in a room and poured kerosene oil on her person. Then the appellant set fire on her with a match -stick. She sustained burn injuries on her persons. She was admitted in Jangipur hospital. The complaint of PW 1 was registered as FIR no. 75/06 dated 17.03.2006 under Sections 498A/307/34, I.P.C. The case was investigated first by PW 6 - Sub -Inspector Murali Mohan Das and then another police officer of Raghunathganj P.S. who completed the investigation and submitted charge sheet against three accused persons under Sections 498A/302/34, I.P.C. as Mandira Majhi died in Jangipur S.D. hospital on 29.03.2006.