ABBS ALI MONDAL Vs. STATE OF WEST BENAGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 28. 4. 2006 and order of sentence dated 29. 4. 2006 passed by the learned Additional Sessions Judge, Fast Track court, Kalna in Sessions Trial No. 109 of 2005 arising out of Sessions Case no. 6 of 2003 convicting the appellant Abbas Ali Mondal @ Abbas Mondal under section 302 of IPC and sentencing him to undergo life imprisonment as also to pay fine Rs. 5,000/- in default to suffer rigorous imprisonment for a period of three months. The seven co-accused persons namely the Chhupia bibi, Jaker Ali Mondal, Nur Ali Mondal, Kokila @ Kohinur Khatun, Barel khatun @ Jahura, Samad Ali Mondal, Rokia Bibi namely mother, sisters and brothers of the appellant were however, acquitted of all the charges under sections 498a/304b/302 of IPC.

(2.) THE case of the prosecution appearing from the written complaint (Ext.-I) which was the foundation for registration of FIR No. 100 dated 28. 9. 2002 in a nutshell is as follows: the deceased Rexona Begum, daughter of Rajob Ali was given in marriage to the appellants Abbas Ali Mondal, son of Late Kiamot Ali Mondal on 23rd day of Kartick 1408 B. S. according to the Muslim rights and customs. It is alleged that at the time marriage dowry had been given to the accused persons as per their demand but still few days after the marriage the appellant, his mother, brothers and sisters started torture both physically and mentally upon the deceased Rexona. It is further alleged that on 23. 9. 2002 the appellant, his mother, brothers and sisters assaulted the deceased and asked her to execute a registered deed in their favour for three Bighas landed property. The deceased disagreed to the proposal and in consequence thereof on the night at about 2. 30 a. m. intervening 23. 9. 2002 and 24. 9. 2002, the appellant and his mother poured kerosene oil on the deceased and the set her on fire. The informant Siraj Khan (P. W.-1) cousin brother of the deceased took the deceased at Kalna Hospital with burnt injury where she died in the afternoon on 24. 9. 2002. On 29. 9. 2002 at about 2. 45 p. m. Koushik mazumdar, Executive Magistrate cum B. D. O, Kalna-I (P. W.-9) recorded the dying declaration of the victim which has been marked as (Exhibit -3/1)wherein the victim is alleged to have been stated that the appellant poured the kerosene oil on her and set her on fire at the instigation of his mother, brothers and sisters. Post-mortem of the deceased was performed by Dr. Chittaranjan Ghosh (P. W.-14) on 25. 9. 2002 at Kalna Hospital Morgue who in course of post-mortem examination found that the deceased had got burnt injuries up to 80%.

(3.) ON 28. 9. 2002 at about 10. 20 hours, Siraj Khan, the informant (P. W.-l)went to Kalna P. S. and lodged FIR Crime case was registered, matter was investigated and after completion of investigation, chargesheet was filed against the appellant and seven co-accused persons mentioned above.