Debi Prosad Dey, J. - (1.)This appeal is directed against the judgement of conviction and sentence delivered by learned Additional District and Sessions Judge, 2nd Court, Arambagh, Hooghly in ST no. 21 of 2013 ( sessions case no. 14/13) corresponding to GR case no. 706 of 2010 whereby and whereunder learned trial Court acquitted the present appellant and one Abu Taher Hossain for the offence under Section 304 B of the Indian Penal Code but has simultaneously convicted the appellant for the offence under Section 498 A of the Indian Penal Code and sentenced the appellant to suffer simple imprisonment for 3 years and to pay a fine of Rs.1,000/- in default simple imprisonment for 3 months.
(2.)Being aggrieved by and dissatisfied with such order of conviction and sentence of learned trial Court this appeal has been preferred by the appellant Hasina Begam on the ground that learned trial Court has erroneously convicted the appellant without having any materials/ingredients of the offence under Section 498A of the Indian penal Code.
(3.)The factual matrix of the case under reference is that on 24th August, 2010 the defacto complainant Samim Ali Mallick lodged a written complaint before the officer in charge of Khanakul police station to the effect that on that day at about 3.30 p.m. in the afternoon he had received a phone call from the brother in law of his daughter Pervina Begam alias Jeshmina whereby he came to know that Pervina Begam alias Jeshmina had sustained burn injuries on her person and had been taken to Khanakul Rural Hospital. The defacto complainant rushed to the Khanakul Rural Hospital and found that Pervina Begam alias Jeshmina was lying there with severe burn injuries on her person. The in-laws of Pervina Begam alias Jeshmina were found absent there. After having preliminary examination the doctor referred Pervina Begam alias Jeshmina to Arambagh Sub-Divisional Hospital for treatment. Pervina Begam alias Jeshmina succumbed to her burn injuries on the way to Arambagh Sub-Divisional Hospital. Be it mentioned here, that Pervina Begam alias Jeshmina was married to Abu Taher alias Abu about 3 years ago and the said marriage was a result of love affairs between the parties but allegedly, the appellant being mother in law of Pervina Begam alias Jeshmina did not accept her as daughter in law. The further case of the prosecution is that Pervina Begam alias Jeshmina was subjected to physical and mental torture by her husband and the appellant. Ultimately on the fateful date the appellant poured kerosin oil on Pervina Begam alias Jeshmina and set her on fire. On the basis of that written complaint Khanakul police station case no. 207 of 2010 dated 24th August, 2010 under Section 498A/302/120B of the Indian Penal Code was started against the husband and mother in law and the investigation was culminated in filing of charge sheet against both the accused under Section 498A/304B of the Indian Penal Code. Charge under Section 304B and 498A of Indian Penal Code was framed against the appellant and her son. They pleaded not guilty. Learned trial Court after examination of as many as 18 witnesses acquitted both the accused from the charge under Section 304B of the Indian Penal Code but convicted the appellant under Section 498A of the Indian Penal Code.