ASHIS BAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal which was initially filed by both the convicted persons in a case in which charge was framed for offences punishable under Sections 498A and 304B of the Indian Panel Code or, in the alternative, under Section 302 of the Indian Penal Code, now stands with only one appellant, the other having died.

(2.) The prosecution is that the victim and first accused, Ashis Bag, were married on 02-09-1991 and on 13-06-1996, she succumbed to 100% burn injuries. The trial Court examined various witnesses. However, only PW 1 to PW 8 were cross- examined. Request of the accused for adjournment for cross- examination of the other witnesses was turned down each time. The Executive Magistrate who is stated to have recorded a dying declaration from the hospital was not even examined on behalf of the prosecution. That person was examined as defence witness. Certain other persons whom the prosecution had given up were also examined as defence witnesses. Ultimately, the trial Court found that the offence punishable under Section 302 Indian Penal Code has been made out. Consequently, both the accused persons, the husband and the father-in-law of the victim were sentenced on that count. Hence, this appeal.

(3.) The father-in-law of the victim is no more and the appeal has abated insofar as it relates to him.