KULEN BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgement and order dated 23.09.2011 passed by learned Additional Sessions Judge, Sadar, Cooch Behar in Sessions Trial No. 13(02) of 2011 in Sessions Case No. 50 of 2011 convicting the appellant for commission of offence punishable under Sections 498A/306 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for six months more for the offence punishable under Section 498A of the Indian Penal Code and to suffer rigorous imprisonment for ten years and to pay a fine of Rs.20,000/-, in default to suffer simple imprisonment for one year more for the offence punishable under Section 306 of the Indian Penal Code, both the sentences to run concurrently.

(2.) The prosecution case, as alleged against the appellant is to the effect that ten years ago the victim Anita Barman was married to the appellant according to Hindu rites and customs. Soon after the marriage the appellant and other inlaws subjected her to mental and physical torture. From the wedlock three children were born. At the time of the occurrence the eldest son was seven years old. The second child was four years old and the youngest child who was a girl child was aged around 14 months. On 210.2010 in the evening around 5.30 p.m. the defacto complainant had gone to the matrimonial home of his daughter to invite his son-in-law for "Lakshmi Puja". At that time he found the appellant and other in-laws were beating his daughter with a wooden log. He resisted and requested them not to subject his daughter to torture. Thereafter, he went back home and narrated the incident to his relations. Subsequently he came to know that the accused persons had set his daughter on fire and murdered her.

(3.) On the written complaint of the father of the victim, Adhar Barman (P.W.2) Mekhliganj P.S. Case No.160 of 2010 dated 210.2010 under Sections 498A/302 of the Indian Penal Code was registered for investigation. In conclusion of investigation charge sheet was filed against the appellant and father-in-law and mother-in-law of the victim housewife, namely, Arjun Barman and Dinabala Barman respectively under Sections 498A/302/34 of the Indian Penal Code. The case was committed to the Court of Sessions and transferred to the court of the learned Additional Sessions Judge, Cooch Behar for trial and disposal.