- (1.) This Appeal has been filed from the order of conviction and sentence dated 19th May, 2009 and 20th May, 2009 passed by the Additional Sessions Judge, Fast Track Court, 3rd Court, Paschim Medinipur, in Sessions Trial Case No. XVII/Feb/2007 whereby and whereunder the appellants were convicted and sentenced for the offence committed under Section 302/34 I.P.C. and directed to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for additional five months.
(2.) The case of the Prosecution is that one Jaimuddin Khan of Rangamati, Post Digri, Police Station Garbeta was married to Jahanoor Khatun 10 years ago. Taking advantage of his absence the accused appellants trespassed into his house, confined the victim lady in a room and poured kerosene oil upon her person. Thereafter, the victim lady was set on fire and door bolted from outside by a door chain. Hearing the cry of the victim lady, Rahi Khatun rescued the victim lady by unlocking the door. The victim lady was brought to the local hospital and therefrom she was referred to Midnapore Sadar Hospital. The victim lady sustained injury all over her body and subsequently the victim lady succumbed to her injuries at 1.45 pm on the same day. Prior thereto, at 11.45 hours a written complaint was filed at Chandra kona Road Beat House and the same was forwarded to the Officer-in-Charge, Garbeta P.S. for starting a case under Sections 307/326/324/114/34 I.P.C. On the death of the victim lady, Section 302 I.P.C. was also added. On the basis of the said F.I.R., Garbeta P.S. Case No. 102/03 was initiated and investigation undertaken. During investigation, the appellant nos. 1 and 2 were arrested. On completion of investigation a Charge sheet was submitted against the appellant and nine others for the offence under Sections 342/326/307/302/34 I.P.C. and the case was committed to the Sessions Court and thereafter transferred to the Court of the Additional District and Sessions Judge, Fast Track, 3rd Court, Paschim Medinipur. Charge was framed under Sections 342/307/326/302/34 I.P.C. against the accused appellants. The said Charge was read over and explained to the accused appellants who pleaded not guilty and sought to be tried. At Trial, 14 witnesses were examined by the prosecution. No evidence was adduced by the defence. The accused appellants were examined under Section 313 Cr.P.C. and on appreciation of the oral and documentary evidence, the Trial Court passed the order of conviction and sentence against the accused appellants and acquitted the other 5 charge-sheeted accused. Hence, this Appeal.
(3.) Counsel for the appellants submits that it is the case of the prosecution that the victim lady was set on fire by the accused appellants in a room of her matrimonial home. An F.I.R. was filed at 11.45 hours by the de facto complainant husband.;