UTTAM DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. P. K. Biswas, learned counsel appearing for the appellants. Also heard Mr. A. Ghosh, learned addl. Public Prosecutor who represents the state.

(2.) ALL 4 appellants herein have been convicted under Section 302 read with Section 34 of the I. P. C. and have been sentenced to undergo imprisonment for life and have also been sentenced to pay a fine of Rs. 5,000/- and in default, suffer further imprisonment for 1 (one) month by the judgment dated 2-12-2004 rendered by the learned Sessions Judge, West Tripura, agartala in Sessions Case No. 136 (WT/a)/ 2002. Appellants Uttam Das, Dilip Das and rina Das (Saha) are son and daughter of the appellant Maya Das.

(3.) THE prosecution case as revealed from the F. I. R. lodged by mother of Shefali Das (deceased) is that Shefali Das who was residing in the house of one Sankar Das, left her employer's house on 3-5-2000 at about 10 o'clock in the morning, telling that she will visit her mother. On 5-5-2000 at about 2 o'clock in the afternoon, the mother (informant) learnt that her daughter Shefali has fallen ill and is undergoing treatment in the g. B. Hospital. On getting the information, the mother rushed to the hospital and found that her daughter has been burnt by fire. She learnt after asking her daughter that, on 3-5-2000, Uttam Das (appellant No. 1)had taken Shefali to Gandhigram with allurement of marriage and in the early morning hours of 5-5-2000 at about 3. 30 a. m. Uttam Das had set fire on Shefali after pouring kerosene on her and as a result, Shefali suffered severe burn injuries. It may be noted that the said F. I. R. was written by P. W. 3, Tushar Kanti Roy, who accompanied Shefali's mother when she rushed to the hospital on 5-5-2000 after learning that Shefali was admitted to the hospital. The scribe (P. W. 3) in his deposition stated that when they visited the hospital, the mother asked Shefali how she came to be burnt and on the basis of information furnished by Shefali, the mother asked the scribe to write down the F. I. R.