KANAI DAS @ KALU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated August 30, 2006 and sentence dated September 1, 2006 passed by the learned Additional Sessions Judge, 2nd Court, Howrah in Sessions Trial Case No. 441 of 2003. By virtue of the impugned judgment appellant was convicted for the commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer rigorous imprisonment for life while the other accused namely Utpal @ Buro Das, Pratap Das @ Putto and Smt. Kalpana Das were found not guilty of the offence under Section 302/34 IPC and were acquitted from charge.

(2.) On January 31, 1999 at 18.05 hours P.W.1,brother of the victim, lodged a written complaint (Ext.1) at Golabari P.S. alleging that since after marriage his deceased sister Jharna Das, was tortured by her brother-in-law Kanai Das (appellant), his wife (Kalpana Das) and his two sons Buro Das and Puto Das and on last night they tried to kill her by pouring kerosene oil on her person and setting her on fire. She was admitted in the Howrah General Hospital in surgical ward in a critical condition. Mrityunjay Das, husband of his sister also sustained injury while trying to save the victim and he was also admitted in the hospital.

(3.) On the basis of above complaint, Gola Bari P.S. Case No. 31 dated January 31, 1999 was started against the appellant, his wife and sons under Sections 326/307 IPC and the case was endorsed to P.W.13 for investigation. P.W.13 during investigation examined the witnesses including the victim and recorded their statements under Section 161 Cr.P.C. He also made prayer for recording the statement of the victim by the Magistrate and accordingly statement of victim was recorded by an Executive Magistrate (P.W.6). On February 2, 1989 victim died in the hospital and as such Howrah P.S. UD Case No. 44 dated February 2, 1999 was started. On the prayer of the investigating officer section 302 IPC was added. Subsequently, on transfer of P.W.13 case diary was handed over to P.W.11 for further investigation who then after completion of investigation submitted charge sheet against the appellant and other accused persons under Section 302 of the Indian Penal Code.