BAPI BISWAS @ BALARAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 26th/29th April, 2013 passed by the learned Additional District and Sessions Judge, Ranaghat, Nadia in Sessions Trial No. 16(1)/2008 (Sessions Case No. 13(12)/2007) convicting the appellant for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default, to suffer further simple imprisonment for a period of six months more.

(2.) The prosecution case, as alleged, against the appellant is to the effect that he was married to the victim Minoti Biswas six years ago according to Hindu rites and customs. At the time of marriage, dowry was given as per demand of the bride grooms family. Few days after the marriage, the victim was subjected to torture on further demands of dowry. Bimal Das (P.W.1), brother of the victim requested the appellant and in laws to stop torture upon Minoti but to no avail. A further sum of Rs.40,000/- was given to the appellant but the torture did not abate. Finally on 3.3.2007 Bimal received information over telephone that Minoti had been hospitalised at Ranaghat Hospital with severe burns. He went to the hospital and found Minoti was under treatment. He believed that the appellant and the father-in-law and the mother-in-law of the victim had set her on fire with the intention to murder her. He lodged a written complaint at Ranaghat Police Station resulting in registration in Ranaghat Police Station Case No.99 of 2007 dated 4.3.2007 under Sections 498A/307/34 of the Indian Penal Code.

(3.) Subsequently, Minoti died at J. N. M. Hospital, Kalyani, Nadia on 9.2007. In conclusion of investigation charge sheet was filed under Sections 498A/302/34 of the Indian Penal Code against the appellant and Sefali Biswas, mother-in-law of the victim. Charges were framed under Sections 498A/302/34 of the Indian Penal Code against the accused persons. They pleaded not guilty and claimed to be tried. The case being a sessions triable one was committed to the Court of Sessions and was transferred to the Court of the learned Additional District and Sessions Judge, Ranaghat, Nadia for trial and disposal. In the course of trial, prosecution examined as many as 15 witnesses and exhibited a number of documents. In conclusion of trial, the learned trial judge by the impugned judgement and order dated 26th / 29th April, 2013 convicted and sentenced the appellant, as aforesaid. Co-accused Sefali Biswas was acquitted of the charges levelled against her.