- (1.) The Instant Criminal Appeal is directed against the judgment and order of conviction passed in Sessions Trial NO.1(3) of 2009 arising out of Sessions Case NO.18/2009 by the Ld. Additional Sessions Judge, Fast Track Court No.4, Barrackpore, North 24-Parganas on 05.05.2011/06.05.2011 holding the appellants guilty of the offence u/s 302 of the Indian Penal Code read with Section 34 I.P.C. and sentencing them to suffer imprisonment for life.
(2.) The relevant fact of the prosecution case, sans unnecessary details, is as follows: On 01.01.2008 at about 07.15 hours the de facto complainant Prasanta Dey lodged a written complaint before the I.C. Naihati P.S. to the effect that on 31.12.2007 at about 6 P.M. his father, mother and sister abused him and drove him out. After proceeding to a bit distance from their house, he heard cry raised by his wife Rani Dey and he returned home and saw his wife was in flame and his father, mother and sister were trying to douse by pouring water. He then took his wife to Naihati hospital by a van rickshaw. On the way to hospital his wife stated to him that his father, mother and sister poured oil on her person and set her on fire. It has been further stated in the complaint that his victim wife Rani was lying admitted in Gandhi Memorial Hospital, Kalyani and she was struggling for life.
(3.) On the basis of such complaint Naihati P.S. Case No.01/08 dated 01.01.2008 u/s 498A/325/326/307/34 I.P.C. was registered. That case was investigated into and on completion of investigation charge sheet was submitted u/s 498A/325/326/307/34 IPC and also u/s 302 I.P.C. Thereafter, the case was placed for trial before the Ld. Additional Sessions Judge, Fast Track Court No.4, Barrackpore, North-24-Pareganas who framed charge u/s 498A/302 of the I.P.C. read with Section 34 of I.P.C. against the present appellants and after conclusion of the trial he held the appellants guilty and convicted them as aforesaid.;