Samapti Chatterjee - (1.) At the outset, it is submitted that appellant Narottam Das has expired. Copy of Death Certificate and copy of postmortem examination report are placed on record. Hence, it is recorded that the appeal by Narottam Das has abated due to the death of said appellant. Appeal involving others is taken up for hearing.
(2.) The appeal is directed against the judgment and order of conviction dated 26.07.2005 and 27.07.2005 passed by the learned Sessions Judge, Bankura in Sessions trial No. 7(8) of 2001 arising out of Sessions Case No. 7(7) of 2001 convicting the appellants for Commission of Offence punishable under Section 302 of the Indian Penal Code, 1860, and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/- in default to suffer simple imprisonment for another three months.
(3.) The gist of the prosecution case levelled against the appellants is to the effect that victim Arati Mahanta got married with one Ajit Mahanta of Charerdanga, Bankura, before 10 years from the date of FIR according to Hindu Rites and Customs. In the wedlock, a daughter was born to them. Before 5 years from the date of lodging FIR, victim Arati being widow returned to her elder brother's house at village Fapsa along with her daughter. They started living at the custody and care of PW 1 Manik Mahanta, elder brother of the victim. Subsequently, victim Arati developed an illicit love relation with the appellant Narottam Das, their neighbour. The appellant Narottam Das was a married man having his wife and son. Appellant Narottam Das enticed away victim Arati from the custody of her brother from an unknown place in the middle of Jaistho of 1402 BS. PW 1 and others were in search of the victim but to no effect. All on a sudden on 25.03.1998, appellant Narottam Das and victim Arati returned to village Fapsa at night and arrived at the house of Narottam Das. Thereafter around 8.30 p.m. on the same day, PW 1 and others heard a cry 'Banchao Banchao' from the house of the appellants. PW 1 and others rushed to that place and on arriving, they noticed that victim Arati was lying on the varanda of the appellant Narottam's house in burnt condition. On asking victim Arati stated before them that appellant Narottam pressed her mouth with cloth, his wife appellant Samara Das poured kerosene oil on her person and his son appellant Dhrubopada Das set her on fire by the help of match stick. Victim Arati died on the spot within a short time. PW 1 informed the incident to the local Pradhan of Susunia at first and then he went to the Chhatra Police Station to report the incident. Police arrived at the spot.;