TARAK PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 15th March, 2013 and 16th March, 2013 passed by learned Additional Sessions Judge, F.T.C. II, Ranaghat, Nadia in Sessions Trial Case No.IX/3/12 arising out of Sessions Case No. 41(2)/12 convicting the appellant for commission of offence punishable under Sections 498A/304B of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for three months more for the offence punishable under Section 498A of the Indian Penal Code and to suffer rigorous imprisonment for ten years for the offence punishable under Section 304B 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 5.6.2008 the victim Pinki Pal was married to the appellant. It was an arranged marriage. Appellant used to come home in an intoxicated condition and assault Pinki. Requests were made to the appellant not to torture his wife but to no avail. Lastly on 2.10.2011 at about 7 p.m. Shankar Das, father of the victim (P.W.1) came to know that the victim had been admitted at Saktinagar Hospital with severe burns. The doctor referred the victim to Kolkata hospital for treatment but due to poverty he could not shift his daughter. He came to know that the appellant had poured kerosene oil on the victim and set her on fire. As he was busy with the treatment of his daughter finally on 19.10.2011 he lodged first information report resulting in registration of Taherpur P.S. Case No.317 dated 19.10.2011 under Sections 498A 326/307 of the Indian Penal Code. Subsequently, the dying declaration of the victim was recorded by Investigating Officer (P.W.14) and upon her death Section 302 IPC was added to the first information report.

(3.) In conclusion of investigation, charge sheet was filed against the appellant and the case was committed to the Court of Sessions and thereafter transferred to the Court of Additional Sessions Judge, Fast Track Court II, Ranaghat, Nadia for trial and disposal. Charges were framed under Sections 498A/304B/302 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.