- (1.) The judgement and order dated 21st November, 2001 passed by the learned Additional Sessions Judge, 2nd Court, Darjeeling in connection with Sessions Case No. 39 of 2001/ Sessions Trial No. 12 of 2001 convicting the appellant for commission of offence under Section 307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs.2000/-, in default to suffer further rigorous imprisonment for six months more has been challenged.
(2.) The prosecution case is as follows : On 21.01.2000, Bijoy Laxmi Prasad, P.W. 3, had gone to Mahakal Temple to perform puja and after performing the puja at about 9 a.m. she returned to her house. Near Hasty- Tasty restaurant she met the appellant who was her former teacher. The appellant requested Bijoy Laxmi to come to his house. Bijoy Laxmi accompanied the appellant. When she came to the room of the appellant, she found that the family members of the appellant were not there. The appellant shut the door from inside and tried to rape the victim. When Bijoy Laxmi protested, he poured kerosene oil on her person and set her on fire with a view to kill her. Consequently, Bijoy Laxmi and the appellant go burnt and the neighbours took them to the Sadar Hospital at Darjeeling where they were admitted. P.W. 4, Nawal Kishore, brother of the victim Bijoy Laxmi, came to the hospital hearing the news. The victim narrated the incident to Nawal Kishore at the hospital and the latter lodged a written complaint resulting in registration to the Sadar Police Station Case No. 5/2000 21.01.2000 under Section 376/511/326/307 of the Indian Penal Code. In course of investigation, Bijoy Laxmi made statement before Dr. Mondal (P.W. 8). She was discharged from the district hospital on 01.04.2000 and was treated at Mitra s Clinic and Nursing Home at Siliguri till 28.04.2000. In conclusion of investigation charge-sheet was filed under Section 376/511 and 307 of the Indian Penal Code against the appellant.
(3.) The case, being sessions a triable one, was committed to the Court of Sessions. It was transferred to the Court of learned Additional Sessions Judge, 2nd Court, Darjeeling for trial and disposal. Charges were framed under sections 376/511 and 307 of the Indian Penal Code against the appellant. The prosecution examined as many as nine witnesses and exhibited a number of documents. It was specific case of the case of the defence that Bijoy Laxmi Prasad and the appellant suffered injuries from accidental burn due to bursting of kerosene stove. In conclusion of trial the Trial Court acquitted the appellant of offence punishable under Section 376/511 of the Indian Penal Code. However, by the selfsame judgement and order the Trial Judge convicted the appellant for commission of offence punishable under Section 307 of the Indian Penal Code and sentenced him, as aforesaid.;