SRIPADA LET Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenging the legal pregnability of the judgment and order of conviction dated 03.03.2008 and 04.03.2008 passed by the learned Additional District & Sessions Judge, Fast Track 3rd Court, Rampurhat, Birbhum in Sessions Trial No. 1(3)/07 the appellant has filed this appeal. By the said impugned judgment, the learned Trial Court has convicted the present accused appellant under Sec. 498A/302 of I.P.C. and sentenced him to suffer rigorous imprisonment for life.

(2.) In the memorandum of appeal the appellant has contended that the learned trial Court failed to appreciate the evidence of the prosecution witnesses in its proper perspective and failed to consider the major discrepancies in the evidence.

(3.) To come to a finding and to appreciate the argument and counter argument of both sides, it would be profitable to revisit the prosecution story. Sieving out the unnecessary details, the prosecution case in a capsulated form is that the marriage between the victim and the appellant took place nearly three years before the fateful day. Just after the marriage the present appellant accused began to put pressure upon the victim for bringing dowry and, as the said demand was not fulfilled she was subjected to torture. On the fateful day, the accused appellant assaulted her at 8 O' Clock at night and when the deceased protested, the accused appellant tied her hands, poured kerosene on her body and set her ablaze. When the victim was trying to come out from the bedroom, the appellant pushed her back into the room. The neighbours came to know about the incident and informed the same to the complainant. He rushed to the hospital and the victim disclosed to him how she suffered the burn injuries. On the next day, the victim breathed her last. Disclosing the ill-episode the de facto complainant lodged the F.I.R. and set the law into motion.