BISWAJIT ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 14.3.2013 and 15.3.2013 passed by learned Additional Sessions Judge, Fast Track Court II, Kalyani, Nadia in Sessions Case No. 51(6) of 2011 corresponding to Sessions Trial No.14(8) of 2011 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer imprisonment for one year more.

(2.) The prosecution case, as alleged against the appellant is to the effect that in the evening of 7th February, 2011 Basana and her minor daughter Dipika died due to a conflagration which burned down the room where she used to reside with the appellant, her husband. Hearing such incident, her father Santosh Mistry (P.W.1) and other family members rushed to the spot and found that local people were trying to douse the fire. P.W.1 was informed by the said local people that the appellant had run away from the spot. Suspecting that his son-in-law, that is, the appellant herein, had murdered Basana and her daughter, P.W.1 lodged written complaint resulting in registration of Haringhata P.S. Case No.52 of 2011 dated 7.2.2011 under Sections 498A/302 of the Indian Penal Code.

(3.) On 11.2.2011, the appellant was arrested from the house of his elder brother in the village with burn injuries. While in custody, he was treated in hospital for a number of days due to infection that had developed from his burn injuries.