MAKHAN PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the Learned Additional Sessions Judge, Second Court, Nadia in Sessions Trial number XIX (VIII) 05/Session Case 86(7) 05 on 12-04-2006. By the said judgment, the Learned Trial Judge has convicted the appellant for offences punishable u/s 498A of the Penal Code and section 302 of the Penal Code. The appellant has been sentenced to suffer simple imprisonment for three years and pay a fine of rupees two thousand, in default to suffer simple imprisonment for another six months for the offence punishable u/s 498A of the Penal Code and to suffer imprisonment for life and pay a fine of rupees five thousand, in default to suffer rigorous imprisonment for a period of six months for the offence punishable u/s 302 of the Penal Code.

(2.) The de facto complainant Bijoya Pal lodged a complaint before the Dhubulia Police Station on 08-12-2004 to the effect that her mother Shobha Pal was married to her father Makhan Pal for about twenty years and Makhan Pal, his elder brother and sister inflicted severe physical and mental torture upon Shobha Pal which was witnessed by the complainant right from her childhood. Unable to bear such torture, Shobha Pal was constrained to leave her matrimonial home with the complainant and was brought back thereto by her husband Makhan Pal. She further contended that on 08-12-2004 at about 11:00 hours, during an altercation between her parents, her father poured kerosene oil on her mother and set her ablaze. On hearing her hue and cry, the local people rushed to her house and shifted her mother to Dhubulia hospital and thereafter to Shaktinagar hospital.

(3.) After the complaint was registered as Dhubulia Police Station case no. 187/04 dated 08-12-2004 u/s 498A/326/308/34 of the Indian Penal Code, the investigation was set in motion and after completion of the investigation, a charge sheet was submitted against all the three accused persons u/s 498A/326/308/302/34 of the Penal Code. It is pertinent to mention here that the victim succumbed to her injuries, in the meantime, for which the offence u/s 302 of the Penal Code was also attracted.