BAPI MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction and sentence dated 28.04.2016 and 29.04.2015 passed by the learned Additional District and Sessions Judge cum Judge, Special Court, Chinsurah, Hooghly, in Sessions Trial No. 2215/12 (14 of 2003) arising out of Sessions Case No. 214 of 2003 convicting the appellant under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand) in default rigorous imprisonment for 3 months for the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) The gist of the prosecution case levelled against appellant is to the effect that victim Arati Majhi was taken by her maternal aunt to her aunt's house on 24.10.2000. On the day of Kalipuja i.e. on 26.10.2000 at about 11:00-11:30 a.m. at Kalitala, the appellant had shown the victim to some persons and said to them that he had love affair with her and he want to marry her. People present at the P.O. were the villagers 'Gar' and Kalitola. Thereafter victim, Arati Duley, got married with appellant. The further case of the prosecution is that the said marriage was not accepted by the parents of the appellant, namely, Bhatu Majhi, Arati Majhi and paternal uncle Dinu Majhi. At last Rabin Ruidas gave shelter to Bapi Majhi and his wife (deceased). On the following day, PW 1 Pratima Duley who is the mother of deceased, came to the village 'Gar' and met her daughter. The parents and paternal uncle of appellant came to her and demanded Rs. 50,000.00(Rupees Fifty Thousand). It was told by them that they would accept the deceased if the said amount is paid. PW 1, mother of the deceased, could not meet the said demand and for the same the deceased was subjected to continuous torture. The PW 1, mother of the deceased made repeated request and made payment of Rs. 12,000.00(Rupees Twelve Thousand) by installment, so also gold ornaments weighing two bharis. Further case of the prosecution is that unfortunately, on 16.012001 at about 10/ 10:30 at night the hands and legs of the deceased were tied, kerosene oil was poured on her and she was set on fire by the appellant on the advice of his parents and paternal uncle. The deceased raised alarm, which attracted the people of the locality. The maternal aunt and cousin brother of the deceased, Swapan Duley (PW 5) came to the place of occurrence and took the deceased to the hospital at Chinsurah by ambulance. The deceased, as is revealed from the petition of complaint, was fighting with death.

(3.) On the basis of the said petition of complaint, Haripal P.S. Case No. 03/2001 dated 18/1/2001 was registered under Sec. 498A /306 of the Indian Penal Code (for short IPC).