SARIF SARDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 20.12.2012 and 21.12.2012 passed by the learned Additional Sessions Judge, 4th Court, Barasat, North 24-Parganas in Sessions Trial No.3 (4) 2012 arising out of Sessions Case No. 6 (3) 2012 convicting the appellant for commission of offence punishable under Sections 302/436/201 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer simple imprisonment for six months more for the offence punishable under Section 302 of the Indian Penal Code, to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer six months more for the offence punishable under Section 436 of the Indian Penal Code and to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for three months more for the offence punishable under Section 201 of the Indian Penal Code; all the sentences shall run concurrently.

(2.) Prosecution case, as alleged, against the appellant is to the effect that one Jahanara Bibi, a divorcee was married to the appellant. The couple used to reside in a thatched house adjacent to that of the in-laws of the appellant i.e. Asraf Ali (PW 1) and Sukur Ali (PW 11). The couple used to work in Kolkata and resided at night in the said thatched house. They used to quarrel regularly. On the fateful night i.e. on 12.12.2010 around 9 P.M., Lilufa Khatun (PW 2) daughter of PW 11 saw the house of her aunt Jahanara in flames and raised hue and cry. Upon hearing her cries, her uncle PW 1 and others rushed to the spot. Door of the house was locked from inside. On entering the room, PW 1 and others noticed Jahanara was lying on the floor in burnt condition. Burning jute sticks and cow dung sticks were kept over her body. There was smell of kerosene oil in the room. Lilufa Khatun (PW 2) told PW 1 and others while she was studying in the verandah she suddenly saw the thatched house where the appellant and the victim used to reside was in flames and the appellant was fleeing away through the field by pushing aside a bamboo split wall of the house. On the written complaint of PW 1, Deganga Police Station case No.412 of 2010 dated 12.12.2010 under Sections 302/201/436 IPC was registered against the appellant. In conclusion of investigation, charge-sheet was filed and charges were framed against the appellant under the aforesaid provisions of law. The appellant pleaded not guilty and claimed to be tried. In the course of trial prosecution examined 16 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgment and order dated 20.12.2012 and 21.12.2012 convicted and sentenced the appellant, as aforesaid.

(3.) Mr. Chatterjee, learned advocate appearing for the appellant submitted that Lilufa Khatun (PW 2) is an unreliable witness. She did not divulge the incident to the police at the time of holding inquest. It is improbable that Lilufa had witnessed the appellant running away from the back side of the house since her residence was situated in front of the house of the victim. Apart from PW 2 there is no direct evidence connecting the appellant with the alleged crime. Medical witnesses could not opine conclusively that the victim had died due to homicidal burns. There is no evidence of disharmony or quarrel amongst the couple and motive to commit the murder is wholly absent. Hence, the appellant ought to be acquitted.