BANKIM GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 20.12.2007 passed by the learned Additional Sessions Judge, Paschim Medinipur in Sessions Trail Case No. 4(09)10 convicting the appellant for commission of offence punishable under Sections 498A/307/326 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for one month for the offence under Section 498A of the Indian Penal Code and to suffer rigorous imprisonment for ten years and a fine of Rs.2,000/- in default to suffer simple imprisonment for one month for the offence punishable under Section 307 IPC and to suffer the same punishment for the offence punishable under Section 326 of the Indian Penal Code, all the sentences run concurrently and to pay a compensation of Rs.40,000/ to the victim, P.W. 9.

(2.) The prosecution case, as alleged, against the appellant is that appellant was married to the victim Bhadra 17 years ago and from their wedlock three children were born. It is further alleged that the appellant had subjected the victim to physical and mental torture and as a result the victim had been compelled to go back to her paternal home and was residing there for five years. On 03.05.2002 the appellant requested the victim to come back and accordingly the victim returned to her matrimonial home. It appears that on 08.05.2002 during the night, the appellant poured kerosene oil on the wearing apparels of the victim and set her on fire. Therefore, the appellant fled away. The victim was admitted to Garbeta Hospital and subsequently shifted to S.D. Hospital, Bishnupur. In the hospital, statement of the victim was recorded by the doctor P.W. 3. The brother of the victim Swapan lodged complaint with Garbeta P.S. resulting in registration of Garbeta P.S. Case no. 42/02 dated 12.05.2002 under Sections 498A/326/307 of the Indian Penal Code against the appellant.

(3.) In the course of trial, the prosecution examined 13 witnesses.