PERU @ PERUA MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 20.03.2013 and 22.03.2013 passed by learned Additional Sessions Judge, Fast Track, 4th Court, Malda in Sessions Trial No. 06/2011 arising out of Sessions Case No.50/2011 convicting the appellants for commission of offence punishable under Sections 498A/302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years each and to pay fine of Rs.1,000/- each, in default, to suffer simple imprisonment for two months more for the offence punishable under Section 498A of the Indian Penal Code and to suffer imprisonment for life each and to pay fine of Rs.5,000/- each, in default, to suffer simple imprisonment for one year for the offence punishable under Sections 302/34 of the Indian Penal Code with a further direction that both the sentences shall run concurrently.

(2.) The prosecution case, as alleged, against the appellants is to the effect that the victim, Rekha Kurmi was married to Peru @ Perua Mandal, appellant no.1 herein four years prior to the incident. A female child was born to the couple who was aged about one and half years at the time of occurrence. Appellant no.1 demanded motor cycle as well as a share in the ancestral property of his wife. As such demands were not made, it was alleged that the victim housewife was subjected to torture. One month prior to the incident, the victim housewife and her daughter were brought to her parental home. On 14.12.2009, Halder Mandal, the father-in-law of the victim housewife came to her parental home and requested her to return to her matrimonial home. Thereupon, the victim and her daughter returned to the matrimonial home. On the next day i.e. on 15.12.2009 at about 2.00 p.m. in the afternoon, P.W.2, father of the victim housewife received information that his daughter and grand-daughter are in serious condition. He rushed to the matrimonial home of the victim and found both of them dead with burn injuries. Over the incident, he lodged first information report resulting in registration of Malda P. S. Case No.255 of 2009 dated 15.12.2099 under Sections 498A/304B/34 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed against the appellants. The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track, 4th Court, Malda for trial and disposal.

(3.) In the course of trial, charges were framed against the appellants under Sections 498A/34 IPC, Sections 304/34 IPC and Section 302 of the Indian Penal Code. To prove its case, prosecution examined 16 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication.