- (1.) This Appeal is directed against the judgment and Order dated 11.6.2007 and 12.6.2007 passed by Sri B.R. De, Additional Sessions Judge, Fast Track Court (1st Court), Jalpaiguri in Sessions Trial No. 11 of 2005 arising out of Sessions Case No. 241 of 2003 in connection with Bhaktinagar P.S. case No. 56 of 1999 dated 16.3.1999 u/s 498 (A)/302 IPC whereby and whereunder the Appellant was found guilty of the offences committed u/s 498 (A) / 302 IPC and was convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default, to undergo rigorous imprisonment for one year for the offence u/s 302 IPC. He was further sentenced to suffer RI for three years and to pay a fine of Rs. 1000/- and in default, to suffer RI for three months for the offence u/s 498 (A) IPC.
(2.) The facts of this case are narrated hereinafter. On 16.3.1999, at 10.30 A.M., one Gourchandra Majumder (Informant) and father of the deceased, Santana Majumder, lodged an FIR with the Jalpaiguri (Sadar), Bhaktinagar P.S. which was registered as Bhaktinagar P.S. case No. 56 of 1999 dated 16.3.1999 making, inter alia, the following allegations:- It was alleged that the Informant's second daughter, Santana Majumder, aged 20 years, was given in marriage to Manik Paul (Appellant/Accused No. 1 in the FIR) on 30.11.1998. A sum of Rs. 8000/- in cash and ornaments were given to the son-in-law, Manik Paul but after the marriage he started physically torturing him. The Informant's daughter narrated the story of torture to her father a number of times. He visited her matrimonial home on a number of occasions attempting to counsel the in-laws including the husband but they refused to pay any heed and continued to torture his daughter. It was alleged that they sent her to her paternal home to fetch a sum of Rs. 30000/- from her father failing which, they threatened that she would be killed. Being a poor man, the Informant was unable to meet such a demand and as a result, the mother-in-law, (Smt. Mina Paul) the brothers-in-law, (Gopal Paul and Uttam Paul) along with the son-in-law (the Appellant) continued to torture his daughter. Santana would cry from time to time and would come home but on 16.3.1999, her two brothersin-law whose residence was at New Baribhasa, told the Informant at Vidyachakra Colony at 4 A.M., that his daughter had been admitted to the Hospital. On hearing such news, the Informant went to the Siliguri Sadar Hospital and found that his daughter had been set on fire. He alleged that on 15.3.1999 they (the persons named above) had forcibly caught his daughter and had poured kerosene oil on her body and then, had set her on fire. The Informant's daughter died at the Siliguri Hospital. The Informant alleged that his son-in-law, Manik Paul, his mother and his two brothers were responsible for his daughter's death and that each one of them had provoked and conspired to kill her.
(3.) On receipt of the said written complaint, the Officer-in-charge Bhaktinagar Police station registered a case and started investigation against all the four accused persons u/s 498A /302 IPC. Charge-sheet was submitted on 26.7.2001 under the said Sections and on receipt of the charge-sheet, the learned SDJM, Jalpaiguri took cognizance of the offences and committed the case to the Court of the learned Sessions Judge, Jalpaiguri on 29.5.2003. After receipt of the records, the learned Additional Sessions Judge, Jalpaiguri transferred the case to the Additional Sessions Judge, Fast Track Court, Jalpaiguri on 9.7.2003 for disposal. Thereafter, formal Charge was framed against the accused Manik Paul and Mina Paul. The prosecution examined 14 witnesses in this case. They are Sri Naresh Roy as PW 1, Sanjib Sarkar as PW 2, Sashi Mohan Barman as PW 3, Biplab Chakraborty as PW 4, Shri Khageshwar Sharma as PW 5, Gauranga Mazumdar, complainant of this case as PW 6, Binoy Gurung as PW-7, Samir Bhattacharjee as PW-8, Nipen Mazumdar as PW 9, Umesh Thakur as PW-10, Suchitra Barai as PW-11, S.I. P.T. Bhutia as PW-12, S.I. Gauranga Ch. Saha as PW-13 and Dr. Saibal Gupta as PW-14. The written complaint and the signatures thereon were admitted in evidence as Exhibit 1 Series while the Inquest Report was marked as Exhibit 2. The formal FIR was marked Exhibit 3; the dead body Challan as Exhibit 4; the rough sketch map with index as Exhibit 5; the seizure list dated 16.3.1999 as Exhibit 6 and the post mortem report as Exhibit 7.;