LAXMI MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant challenges the judgment and order dated 13.05.2008 passed by the Additional Sessions Judge, Fast Track, 3rd Court, Burdwan in Sessions Trial Case No. 03 of 2008. According to the appellant, judgment and order of conviction recorded by the learned Trial Court is erroneous on the ground that the said Court could not appreciate the evidence of the prosecution witnesses meticulously. There are multiple dying declarations which are suspicious, yet the learned Trial Court had convicted the appellant without appreciating the inconsistent dying declarations and settled position of law.

(2.) As against this, learned Counsel appearing on the behalf of the State submitted that the learned Trial Court considered all the materials placed before it and after analysing the evidence came to a correct conclusion, which does not require any interference.

(3.) In such circumstances, we have to revisit the prosecution story. According to the de facto complainant, the victim's marriage was held on 5th Assar 1413 BS. After the said marriage, parents-in-law used to torture the victim. On 20.08.2007 on or about 9 O'clock in the morning, he got an information that the victim was admitted in Burdwan Hospital with burn injuries. Ultimately, the victim breathed her last. Ventilating this ill-episode the de facto complainant lodged the F.I.R. and set the law into motion.