DIPANKAR SADHU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 8th August, 1990 passed by the learned Additional Sessions Judge, 2nd Court, Alipore in Sessions Trial No. 4(6) of 1989 convicting the accused Dipankar Sandhu of the offence punishable under section 302 of the Indian Penal Code and an order dated 10th August, 1990 by which the accused Dipankar was sentenced to imprisonment for life for the aforesaid offence.

(2.) THE facts and circumstances of the case briefly stated are as follows :-

(3.) THESE submissions advanced by Mr. Basu, really revolve around the principal question as to whether the accused is the author of the crime. We would like to examine the evidence on record in order to answer these questions. The matrimonial house of the deceased is a two storied building consisting of the ground floor and the first floor. The ground floor was occupied by the mother of the accused. In the first floor the accused Dipankar used to reside with his wife and the tiny child. There is no doubt as regards any fourth occupant of the first floor which has also been admitted by Mr. Basu before us. The incident took place in the first floor. The complaint, it appears, was lodged at about 1.45 hours on 30th December, 1986 and the police promptly visited the place of occurrence at 02.5 hours on 30th December, 1986. The following articles were seized by the police from the landing of the stair case leading to the roof of the building. (1) One 16 k.g. tin containing some liquid substance smelling kerosene. (2) One H.P. Motor Oil 5 liter tin containing some liquid substance smelling kerosene. (3) One red colour piece of cotton cloth in burnt condition said to be the portion of saya of Gitali Sandhu. The seizure list has been marked exhibit 8. At 13.35 hours on 30th December, 1986 one Janata pattern kerosene cooker full of kerosene oil was seized vide seizure list marked exhibit 1. Inquest was held by the PW 8 at 21.30 hours on 30th December, 1986. The inquest report is Exhibit-2. The Inquest report contains the following significant information :