Asim Kumar Roy, J. - (1.) In a Sessions Trial held before the Learned Additional Sessions Judge, Fast Track, 2nd Court, Howrah, both the appellants were convicted under Ss. 326/308/34 of the Indian Penal Code. While for their conviction under Ss. 326/34 of the Indian Penal Code the appellant No. 1 was sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - and in default to suffer simple imprisonment for one year more, and the appellant No. 2, to suffer simple imprisonment for three years and to pay a fine of Rs. 5,000/ -, in default to suffer simple imprisonment for six months more, for their conviction under Ss. 308/34 of the Indian Penal Code, the appellant No. 1 has been sentenced to pay a fine of Rs. 10,000/ - and in default to suffer simple imprisonment for one year, and the appellant No. 2 to pay a fine of Rs. 10,000/ - and in default to suffer simple imprisonment for six months. Against the aforesaid order of conviction and sentence the appellants preferred this appeal.
(2.) Both the appellants as well as the State were duly represented by their respective advocates, but in spite of service of notice none appeared on behalf of the defacto -complainant. It is to be noted that while imposing the aforesaid sentence against the appellants, the trial Court directed, if the fine amount is realized, 50% out of the same be paid to the defacto -complainant as compensation.
(3.) The case of the prosecution in a nutshell are as follows; The appellant No. 2 Manju Singh is happened to be the elder sister of the victim Shila Kumari Shaw and the appellant No. 1 Shew Kumar Singh is the husband of the appellant No. 2. There was a longstanding dispute over a rented premises situated at 32/3, Dasharath Ghosh Lane, Howrah between them. The appellant No. 2 used to reside at the said premises with her family. On the fateful day at around 12 noon, the victim Shila Kumari Shaw went to the aforesaid rented premises at 32/3, Dasharath Ghosh Lane for discussion over their dispute. At that time both the appellants misbehaved with the victim and as the victim strongly protested to, that the appellant Manju Singh thrown kerosene oil all over her person and the accused Shew Kumar Singh set her on fire. Being ablazed she raised hue and cry and being attracted by the same the neighbouring people rushed to the place and rescued her. Thereafter she was removed to the Hospital and they made a verbal complaint to the police.;