M.R.Mallick, J. - (1.) This is an appeal filed by the four appellants who have been convicted u/Ss. 302/34 I.P.C. and sentenced to imprisonment for fife and also to pay a fine of Rs. 2000/- each in default to suffer further R.I. for a period of six months by the Ld. Addl. Sessions Judge, 6th Court, Midnapore in S.T. Case No. VIII of November, 1989.
(2.) The prosecution case is as follows :- P.W. 1, Nemai Charan Bera lodged an F.I.R. to Debra P.S. in the District of Midnapore on 20.9.87 alleging that his niece Rekharani was married to accused Gopal Majhi, son of Late accused Balai Majhi and Srimati Majhi, about six years prior to the lodging of the above information. Sometime after such marriage, the parents-in-law and the husband of Rekharani used to torture her both physically and mentally. Tuhin Kanti Bera, the younger brother of Rekharani had gone to the house of Rekharani's father-in-law to witness a fair which was going at that Village. On that very day on which the F.I.R. was lodged Tuhin rushed to their house at about 8-30 A.M. and reported that Rekharani was being assaulted by Gopal her husband after a quarrel and that her mother-in-law, sister-in-law and her brother-in-law namely the husband of the sister-in-law were also quarrelling with Rekharani. On receiving the said information the informant along with her elder brother Badal Chandra Bera (P.W.12), father of Rekharani rushed to the, house of her father-in-law. On going there they, however, found that the assault had stopped. But they came to learn from Rekharani that her husband assaulted her with a piece of wood without any reason. On being assured that there would be no further quarrel or assault they returned home. At about 1 p.m. Gobinda, a younger brother of the accused Gopal came to their house and reported that Rekharani had committed suicide by setting fire to her body. On getting this information the informant rushed to the house of father-in-law of Rekharani. On going there they found the dead body of Rekharani lying on the first floor verandah of the house with face down. The wearing apparels and practically the entire body were charred. The informant found that the villagers as well as the people from the adjoining villages had assembled there. The people assembled there interrogated the accused persons namely, Gopal, his mother Srimati, his sister Karunabala and Shyamsundar, the husband of Karunabala. All of them confessed before the people assembled there that being perturbed by the unhappy incident that took place in the morning Rekharani went to the first floor room and was lying on a cot. The accused Gopal being infuriated by her conduct again started assaulting her and Rekharani ran out of the room came to the verandah in front of the said room and fell unconscious. Then the accused Gopal tied her hands with a rope and accused Shyamsundar tied her feet with another rope. The accused Srimati and Karuna wrapped a synthetic saree on the person of Rekharani, poured kerosene oil and set her on fire.
(3.) The F.I.R also disclosed that after that the neighbours came and tried to extinguish the: fire by pouring water but in the meantime Rekharani had already expired. On the basis of the above information police started investigation, sent the dead body for post mortem examination and on in- vestigation submitted charge-sheet against the accused persons u/Ss. 302/34 and also other Sections.;