- (1.) The appeal is directed against the judgment and order dated 16.09.1987 passed by the learned Additional Sessions Judge, 9th Court, at Alipore, South 24 Parganas in Sessions Trial N 9(8)/86, convicting the appellant for commission of offence punishable under Section 304 Part -I of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years.
(2.) The prosecution case as alleged against the appellant is to the effect that the deceased was married to the appellant. The appellant suspected the deceased of having affair with his brother who was staying abroad. Relationship between them was strained for the last four months. On 11.2.84 at about 5 -30/5 -45 A.M. when the deceased was preparing bread on stove for the appellant latter poured kerosene oil on her back from a small lamp. Thereafter, the appellant took victim inside the room and set her on fire by throwing the burning stove on her. Initially, the victim was taken to the Calcutta Hospital and thereafter to S.S.K.M. Hospital by her father, P.W.6. Finally, the victim breathed her last on 26.2.84.
(3.) In the meantime, First Information Report being Ekbalpore Police Station Case No. 25 dated 11.2.84 was registered under Section 307 of the Indian Penal Code. However, upon death of the victim Section 302 of the I.P.C. was added and upon conclusion of investigation charge - sheet was filed in the instant case against the appellant under Section 302 of the I.P.C. The case being a sessions triable one was committed to the Court of Sessions and transferred to the court of the learned Additional Sessions Judge, 9th Court, Alipore for trial and disposal. In t course of trial prosecution examined as many as sixteen witnesses. Defence of the appellant was innocence and false implication. It was the specific defence of the appellant that the victim had suffered accidental burn which would appear from her statement recorded in the treatment papers (Ext.7). In conclusion of trial, the trial court by judgment and order dated 16.9.87 convicted the appellant and sentenced him, as aforesaid.;