THE STATE Vs. THE STATE

JUDGEMENT

(1.) Death Reference No. 2 of 1987 has been heard along with Criminal Appeal No. 385 of 1987 by two out of three accused persons who stood trial before the learned Sessions Judge, Howrah on charges under sections 302 and 201, I.P.C.

(2.) One Madhabi Santra, daughter of Ramapada Malik (P.W. 2) was married with the appellant No. 1, Bejoy Santra on 10.5.84, corresponding to 27th Baisakh, 1391, B.S. On the night of 12.7.84 and 13.7.84 there was an occurrence of fire inside the room of Bejoy Santra, whose father is Dhiren Santra, the appellant No.2. As a result of the fire, Madhabi got burnt injuries to which she succumbed ultimately at the Howrah General Hospital on 16.7.84.

(3.) The prosecution case is that after marriage of Madhabi, she came to live with her husband at village Purpat P.S. Udyanarayanpur. The appellant No.1, Bejoy, had an affair with another girl for which he began to ill-treat Madhabi and on one occasion he assaulted Madhabi with knife. Ultimately, on the night between 12th and 13th July, 1984, while Madhabi was sleeping in her bed-room, Bejoy poured kerosene oil in her person and set fire on her person with the help of burning matchstick. Madhabi, in order to escape from the flame of fire, tried to come out of the room. Bejoy prevented her. Ultimately, Madhabi succeeded in coming out and in escaping from the flame of fire. She jumped into a nearby tank. Mangala Santra (P.W. 5), the aunt-in-law of Madhabi, who lived close by, rescued Madhabi in a naked condition, wrapped her with a saree and placed her on the verandah of the house of the appellant No. 2, Dhiren. When Mangala Santra (P.W.5) rescued Madhabi, an oral dying declaration was made by Madhabi implicating her husband, Bejoy, for setting fire on her person. Thereafter, Madhabi was taken to a nearby Debipur Primary Health Centre at Pancharul with the help of some persons. Madhabi was not admitted at Debipur Primary Health Centre as the burnt injuries in her person were very severe. She was referred to Howrah General Hospital by the Medical Officer of the Health Centre. Madhabi was ultimately admitted in Howrah General Hospital at 10.45 P.M. on 13.7.84. On 14.7.84, Madhabi made a dying declaration which was recorded by an Executive Magistrate. Madhabi died subsequently in the hospital at 12.30 P.M. on 16.7.84. The appellant No.l stood charge under section 302, I.P.C. for causing the death of Madhabi. He also stood charged under section 201, I.P.C. for screening the offender from legal punishment. His father, Dhiren, as well as his uncle. Narendra Santra, stood charged under section 201, I.P.C. for giving false information to screen the offender.