- (1.) This appeal is directed against a judgment and order dated 17th March 2003 convicting the appellant under sections 498A and 307 of the Indian Penal Code and a further order dated 19th March 2003 passed sentencing the appellant to suffer rigorous imprisonment for three years and to pay a tine of Rs. 3000/-, in default, to suffer further rigorous imprisonment for six months under section 498A of the Indian Penal Code and to suffer rigorous imprisonment for 10 years and to pay tine of Rs. 10.000/-, in default. to suffer rigorous imprisonment two years under section 307 of the Indian Penal Code passed by the learned Additional Sessions Judge. Second Court Suri District- Birhhum, in Sessions Trial No. 9 of January 2002 arising out of Sessions Case No. 14 of 2001. Both these sentences were directed to run concurrently.
(2.) The prosecution case briefly stated is as follows: The appellant, Sk. Jasimuddin married Razia, daughter of Safique Sk. (P. W. 1). A son and a daughter were born of the wedlock. Both the P. W. 1 Safique and the accused Jasimuddin are residents of the same village. Razia was burnt alive by the accused. She died at the Suri hospital on 3rd February, 1996. The younger sister of Razia namely Saima was subsequently abducted. Saima, aged about 16 years was abducted by the accused. She was taken to Bihar where the accused married her. They came back to the village and lived like husband and wife. On 23rd October, 1996 the accused poured kerosene oil on the body of Saima at about 5 P. M. and ignited by a matchstick. In a severely burnt condition she was hospitalised at Suri hospital at about 9/10 P. M. by the accused himself On 30th October, 1996 the victim was referred to Burdwan hospital. On 12th December, 1996 she was discharged from the hospital. However treatment continued even after she had been discharged from the hospital. She was treated at home. On 6th February, 1997 the F. I. R. was lodged.
(3.) It is not in dispute that the defacto complainant, who is also the P. W. 1, who happens to be the father of this unfortunate woman, did not lodge any complaint with the police in connection with the death of his elder daughter Razia. It is not also in dispute that ever since the death of Razia her son and daughter have been residing with the defacto complainant (P. W. 1). It is also on record that the wife of the P. W. 1 that is to say the mother of the victim is mentally imbalances.;