BISWAJIT @ KALA MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants call in question the legality and validity of the judgment and order of conviction dated 24.09.2013 and the sentence of 25.09.2013 passed by the learned Additional Sessions Judge, Jangipur in S.T. No. 1(11)/2010. According to the appellants, the learned Trial Court passed the judgment and recorded the order of conviction without appreciating the evidence of the prosecution witnesses in its true perspective.

(2.) In such circumstances, the prosecution case has to be narrated. On 13.08.2007 at or about 9 am, the de facto complainant pointed a finger at the present appellants, claiming that these appellants were the harbingers of the death of his daughter. The marriage of the victim took place nearly ten years prior to the fateful day. Initially the victim led a peaceful conjugal life. After five years, curse came down upon her when she was allegedly tortured by her husband and matrimonial inmates due to money and dowry. Prior to the death of the victim, she came to her parents' house and ventilated her painful existence in her matrimonial home to her parents. On 13.08.2007, in the early morning (6 am) one Prahlad Majhi informed the complainant father about the fate of the victim and he rushed to the house of the victim and found his daughter lying dead in a burnt condition. Curiously enough, the appellants were not at home at that time.

(3.) After receiving the F.I.R., the Investigating Officer took up the charge of investigation and, in course of the investigation, he collected the inquest and post-mortem reports, recorded the statements of the witnesses under Sec. 161 Crimial P.C., prepared a rough sketch-map with index and submitted a charge-sheet under Sections 498A/302 of I.P.C.