RATAN ROY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2022-2-142
HIGH COURT OF CALCUTTA
Decided on February 25,2022

RATAN ROY Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

JOYMALYA BAGCHI,J. - (1.)We are informed during the pendency of the appeal the appellant No. 1, namely Ratan Roy has expired. Hence, the appeal abates so far as appellant No.1 is concerned.
(2.)Appeal is directed against judgment and order dtd. 28/3/2006 and 29/3/2006 passed by the learned Additional Sessions Judge, 5th Court, Barasat, North 24 Parganas in sessions Trial No. 2(5) 2002 in Sessions case No. 7(4) 2001 convicting the appellants for commission of offence punishable under Sec. 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.5,000.00, each in default, to suffer simple imprisonment for five months each more.
(3.)Prosecution case, as alleged against the appellants is to the effect that on 19/7/1997 between 1.30 p.m. to 1.45 p.m. the appellants being Ratan Roy elder brother-in-law of the victim, Tarun Roy, her younger brother-in-law and Padma Roy, wife of Ratan Roy jointly attacked the deceased Manju on the stair case of the house where all of them were residing in joint mess and after pouring kerosene oil on her body set her on fire. Victim cried for help. Hearing her cry, a neighbour (P.W. 10) rushed to the spot. Hearing cries, another sister-in-law of the victim, Aloka, who was sleeping in her room also came out and noticed the victim lying with burn injury in the stair case. She informed the incident to Ashok Manna, brother of the deceased (P.W. 1). Ashok came to the place of occurrence and found her sister lying with burn injuries. On enquiry, her sister stated the appellants tied her and poured kerosene oil and set her on fire. He went to Khardah police station and informed the police. Thereupon, police officer (P.W. 17) came to the spot. The victim stated before the police officer that the appellants poured kerosene oil on her body and set her on fire. P.W.17 reduced the aforesaid statement into writing (Exhibit 8). Victim was shifted to the B.N. Bose Hospital by her brother. At the time of admission, she again reiterated her statement before the medical officer (P.W. 8) who reduced the same into writing (Exhibit 3). While she was struggling for life in the hospital, her husband (P.W. 14) came to the hospital and she narrated the incident to him. In the meantime, P.W. 1 went to the police station and lodged First Information Report resulting in registration of Kardah P.S. case No.299 dtd. 19/7/1997 under Sec. 336/307/34 of the Indian Penal Code. Subsequently, around 10.45 p.m. the victim succumbed to her injuries. Sec. 302 of the Indian Penal Code was added to the F.I.R.


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