BAPI BAGDI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is directed against a judgment and order passed in a sessions trial, where the appellant Bapi Bagdi was convicted under Sec. 302 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,000/ - and in default to suffer rigorous imprisonment for 2 years for having committed murder of his wife Gita Bagdi.

(2.) The FIR of the case was registered on the basis of a complaint in writing made to the local police station by the father of the victim Sankar Chandra Bagdi. In the said FIR, it was alleged that about 9/10 years back his daughter was given in marriage with the appellant and in their said wedlock two male children were born, who are aged about 9/10 years. On the previous day at about 11.30 p.m. she was admitted at Bankura Sammilani Medical College and Hospital with burn injuries and succumbed to her injury on that day. Her husband Bapi Bagdi was responsible for the occurrence.

(3.) Although the FIR was registered for the offences punishable under Sec. 498A/306 IPC but after completion of investigation charge sheet was submitted under Sec. 498A/302 IPC. In the trial the appellant was charged under Sec. 498A/302 IPC and was finally convicted under Sec. 302 IPC and was acquitted for the offence punishable under Sec. 498A IPC.