NAJJAM FARAGHI NIJJAM FARUQUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant is challenging the concurrent judgments of the courts below whereby he was convicted for an offence under Section 302, I.P.C. and sentenced to suffer imprisonment for life. He was also directed to pay a fine of Rs. 5000/-.

(2.) On the night of 29-6-85 the appellant poured kerosene oil over the head of his wife from behind and lit a match-stick and set her on fire. She was admitted in the hospital around 1.00 a.m. on 30-6-85. Her statement regarding cause of her death was recorded on 1-7-85 by PW 18, Sub-Inspector of Police marked as Ex. 6. Another statement marked as Ex. 5 was recorded on 11-7-85 by PW 12, a Magistrate, who was sent to the hospital under orders of the High Court. In both the statements she had stated that her husband came home in a drunk condition in the mid- night of 29-6-85 and assaulted her severely. She was driven out of the room but as her two children were sleeping inside she went back to the room. Then he poured kerosene oil from behind and set fire. Her parents were sent for and her father took her to the hospital. Thus in both the statements she had accused her husband of having set fire to her after pouring kerosene. The Courts below relied upon the two statements and also the evidence of the post-mortem examiner to the effect that the burn injuries were such that they lead to the conclusion that the death was homicidal. The courts below have also referred to all the circumstances of the case and rejected the defence that the wife of the appellant committed suicide or that the offence should if at all be considered to be one under Section 306, I.P.C. and not 302, I.P.C.

(3.) Learned counsel for the appellant places reliance on the following circumstances:-