SRABAN BANIK @ RAHUL BANIK Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-10-30
HIGH COURT OF CALCUTTA
Decided on October 09,2013

Sraban Banik @ Rahul Banik Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) This appeal has been filed against the judgment and order of conviction dated 9th April, 2007 and sentence dated 10th April, 2007 passed by the Additional District and Sessions Judge, 2nd Fast Track Court, Serampore in Sessions Trial Case No. 1 of 2007 arising out of Sessions Case No. 163 of 2006 under Section 304B IPC whereby the appellant was directed to suffer R.I. for life and to pay a fine of Rs. 5,000/-.
(2.) The case of the prosecution is that the victim and the appellant married on 29th April, 2006 at Kali Temple. They resided in the house of the victim after marriage and thereafter they took a rented accommodation at Hind Motor. Thereafter the appellant demanded dowry from the victim which demand was not fulfilled and torture both physical and mental was inflicted on the victim. Subsequently, the victim was taken by the appellant to her matrimonial home at Uttarpara. Prior to the incident the appellant attempted to kill the victim by pouring mosquito repellant into her mouth. The victim unable to bear such torture set herself on fire by pouring kerosene.
(3.) On the basis of a telephonic call received by the I.O. PW 19 that a 19 year old girl had committed suicide in her bed room by pouring kerosene on her body and setting herself on fire, the police officer reached the place of incident at Shibtala Street, Bhadrakali under Uttarpara P.S. The fire was put off by the neighbouring people and the victim taken to hospital. The victim was admitted to Uttarpara State General Hospital in a serious condition and thereafter the officers of the concerned police station informed the parents of the victim about the incident. In her statement made before the I.O. (PW 19) which was treated as an FIR Uttarpara P.S. Case No. 124 of 2006 was registered and investigation initiated.;


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