- (1.) THIS appeal is preferred against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Birbhum at Rampurhat on 10. 2. 2003 and 11. 2. 2003 respectively thereby convicting the accused appellant under Section 498a and 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for a further period of one year.
(2.) ON the basis of a complaint lodged by P. W. 1, father of the deceased swarnalatika Pramanik, a case was registered with Margram Police Station alleging commission of offence under Section 498a/302 of the Indian Penal Code.
(3.) THE prosecution case, in short, is that the daughter of the informant swarnalatika was married with accused appellant, Gour Prosad Pramanik, on 20. 4. 1987 and after such marriage her daughter was subjected to cruelty and physical and mental torture by her husband, Gour Prosad Pramanik and mother-inlaw. When such torture exceeded its limit, victim Swarnalatika lodged a written complaint at Margram Police Station against her husband and mother-in-law. After investigation the case was charge-sheeted. Victim Swarnalatika was thereafter taken to her matrimonial home as the matter was amicably settled, but such torture continued after she was brought to her matrimonial home and ultimately on 26. 06. 1991 at about 11. 30 Hrs. the accused appellant poured kerosene oil on the body of the victim, Swarnalatika and set her on fire. Swarnalatika sustained severe burn injuries and expired at Rampurhat S. D. Hospital. Before her death she gave statements to a large number of villagers and also to the Doctor at Rampurhat hospital about the cause of her death and her statement was recorded by the doctor (P. W. 12 ). On completion of investigation charge sheet was submitted under Section 498a / 302 read with Section 4 of Dowry Prohibition Act. The learned Judge framed charges under Section 498a IPC, under Section 4 of the dowry Prohibition Act and Section 302 of IPC, alternatively, under Section 304b of the Indian Penal Code.;