PEAR SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellants assailing the judgment, order of conviction and sentence dated February 9, 2009 and February 10, 2009 respectively passed by the learned Additional District and Sessions Judge, Fast Track II Court, Rampurhat in Sessions Trial No. 22 of 2009 arising out of Sessions Case No. 15 of 2003 whereby appellants were convicted for the commission of the offence punishable under Sections 302/ 34 of the Indian Penal Code (hereinafter in short referred to as the IPC)and were sentenced to suffer imprisonment for life and also to pay fine of Rs. 5,000/- each in default to suffer imprisonment for one year more with a direction for set off in terms of provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr. P.C.). They were acquitted from the charge for the offence punishable under Section 498 A IPC.

(2.) The prosecution case, in brief, is as follows:

(3.) On August 1, 1999 at about 21.30 hrs, PW 1, step-father of the victim, lodged a written complaint at the Rampurhat Police Station to the effect that his daughter (victim) was given in marriage with the appellant No. 1 about seven and half years ago and of their wedlock two children were born. On July 30, 1999 at about 09.00 hrs victim's husband(appellant no.1) and mother-in-law(appellant no.2) assaulted the victim severely and thereafter, appellant No.2, Fulkara Bibi, sprinkled kerosene oil on the person of his daughter and appellant No. 1, Pear Sk. with match stick set her on fire. Thereafter villagers came running and admitted her in the hospital. It was also informed that the appellant No. 1 was admitted at the Rampurhat Sub Divisional Hospital for his injuries. He then informed the Magistrate who came to the Hospital and recorded the statement of victim. Thereafter, his daughter during her treatment at the Hospital succumbed to her injuries on August 1, 1999.