BISWAJIT MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 25.02.2010 passed by the learned Sessions Judge, Nadia convicting, in Sessions Trial No. II of November, 2008 arising out of Sessions Case No. 105(9)2008 convicting the appellant for commission of offence punishable under Sections 302/34 and 498A of the Indian Penal Code and sentencing him to undergone rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprironment foe one year more and for the offence under Section 302/34 of the Indian Penal Code and to suffer rigorous imprisonment for two years and to pay a find of Rs.2,000/-, in default, to suffer rigorous imprisonment for six months more for the offence under Section 498A of the Indian Penal Code, both the sentences to run concurrently.

(2.) The prosecution case, as alleged, against the appellant and other absconding accused persons, namely Fuljhara Mondal, Nirmal Mondal and Dipali Mondal being the mother-in-law, brother-in-law and wife of brother-in-law respectively of the victim-house wife is to the effect that the victim was married to the appellant in the year 2005 according to Hindu rites and customs. Unfortunately, the victim was a handicapped lady who was partially deaf and dumb. The appellant and the other accused persons subjected her to mental and physical torture as they did not like her due to such disabilities. She was kept under lock and key when the appellant and the mother-in-law went out. The victim narrated the incidents of torture to her parents. On 15.01.2008 around 08/10/11 p.m. the appellant and other accused persons tied her hand and set her on fire at the matrimonial home. She was shifted to hospital. First information report was registered by Dasarath Ray, father of the victim (P.W. 1) against the appellant and the other accused persons being Kotwali P.S. Case No. 24/2008 dated 16.01.2008 under Sections 498A/326/307 IPC. The victim finally expired in the hospital on 26.01.2008 and in conclusion of investigation, chargesheet was filed against the appellant and other accused persons under Sections 302/34 and 498A of the Indian Penal Code. The case being the sessions triable one was committed to the Court of Sessions. As the other accused persons had absconded the case was filed against them and charges were framed under Sections 302/34 and 498A of the Indian Penal Code against the appellant.

(3.) The appellant pleaded not guilty and claimed to be tried.