MUKESH KUMAR YADAV Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 27.06.2014 and 30.06.2014 passed by the learned Additional Sessions Judge, Raghunathpur, Purulia, arising out of Sessions Trial No. 16(12) of 2002 arising out of Sessions Case No. 7 of 2000 convicting the appellant for commission of offences punishable under Sections 448/302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for one month more for the offence punishable under Section 448 of the Indian Penal Code and also to suffer rigorous imprisonment for life and to pay a fine of Rs.3,000/- in default to suffer rigorous imprisonment for six months more for the offence punishable under Section 302 of the Indian Penal Code. Both the sentences to run concurrently.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 29.08.1995 there was dispute between Hemlata, the sister of the appellant, and Suman Kumari, a student of Class VIII of Adra Hindi Girls School (the deceased), over the issue that Suman had kept a book belonging to Hemlata. On 29.08.95 , around 3 p.m. the appellant and mother of Hemlata came to the residence of Suman. They threatened the child with dire consequences if the book was not returned. Subsequently on 31.08.1995 at about 8.00a.m, the appellant again came to the residence and threatened Suman with dire consequences. The incident occurred in the presence of Parbati Singh, mother of Suman, (P.W. 1). At that time her father Biswanath Singh (P.W.5) was admitted in the hospital. Thereafter, Parbati left to attend her husband in the hospital. When she returned Parbati noticed a commotion in front of her house. Reaching home, she found that Suman was in a burnt condition and smell of kerosene oil was coming from her body. Initially Suman was unable to make a statement but subsequently she stated that the elder brother of Hemlata i.e. the appellant had come back and poured kerosene oil on her from a jug in the verandah and had set her on fire. Suman was shifted to Adra Railway Hospital where she was treated by Dr. D. Topno, P.W 8, and Dr. R. Mehata. Dr. Topno sent a report to the police station (Ext. 5) and thereupon police arrived at the place of occurrence and recorded the dying declaration of the victim (Ext. 3) implicating the appellant. On the written complaint of P.W. 1, Parbati Singh, Kashipur Police Station Case No. 67 of 1995 under sections 448/326/307 IPC was registered for investigation. Subsequently, the victim expired and section 302 of the Indian Penal Code was added to the array of accusations in the F.I.R. In conclusion of investigation, charge-sheet was filed against the appellant, his mother and sister Hemlata Kumari and the case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Raghunathpur, Purulia for trial and disposal. Charges were framed against the appellant and other accused persons under sections 448 and sections 302/120B of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. Prosecution examined 13 witnesses in support of its case. Defence of the appellant and other accused persons was one of innocence and false implication. It was the specific defence of the appellant that he was a juvenile at the time of occurrence and Bhola Prasad Yadav, father of the appellant, (D.W.1) examined himself and proved medical attendance identity card (Ext.-A) wherein age of the appellant was recorded as 14 years as on 04.02.1992.

(3.) In conclusion of trial the learned Trial Judge by judgment and order dated 27.06.2014 and 30.06.2014 convicted and sentenced the appellant, as aforesaid. However, by the selfsame judgment and order other accused persons were acquitted of the charges levelled against them.