Biren Sarkar vs State of West Bengal & Ors.

Rajarshi Bharadwaj, J.

The appellant was convicted against the judgment and order dated 30th day of April, 1996 passed by learned Additional Sessions Judge, 3rd Court,

Midnapore in connection with Sessions Trial Case No. XXV/Feb./1996 arising out of G.R. Case No. 421 of 1995. The order of conviction and

sentence under section 326 of the Indian Penal Code to suffer rigorous imprisonment for six years and also to pay fine of Rs. 10,000/-, in default to

suffer rigorous imprisonment for four months. Learned Counsel for the appellant submitted that the appellant has already been served out the

sentence.

The crux of the allegations against the appellant is to the effect that the de facto complainant Smt. Kajal Saha got her daughter Baby Sarkar married

to the appellant. After six years of marriage, she came to her father’s house from her-in-laws house and just a day before Kali Puja i.e. on18th

day of November, 1994 at about 2 P.M. when the daughter of the informant, Baby Sarkar was returning back from the house of Dr. Basu Ray at

Jhargram Sub-Divisional Hospital compound where she was a maid servant, this accused person caught hold of her at Tentultala, Raghunathpur and

forcibly threw her on the road.

Thereafter, he put some inflammable article on her head causing the same to burn. She cried out and local people namely Sanjib and Jayanta came to

her help. They extinguished the fire by pouring water and she was taken to hospital for treatment. She was admitted there as indoor patient and

released after 5 days of treatment. The charges were framed against the appellant under section 498A, 307 and 326 of the Indian Penal Code. The

accused person pleaded not guilty and claimed for trial.

In the course of trial, the prosecution examined 6 witnesses to establish its case and exhibited a number of documents. The defence of the accused

was one of innocence and false implication. From the evidence on record, it appears that the appellant have been categorically identified by the victim

P.W. 2 and while taking admission at the hospital she stated before the doctor that her husband, the accused herein poured a chemical solution on her

scalp on that fateful day and fire was lighted by a matchstick and thereafter her husband ran away. P.W. 4 in his evidence stated that at around noon

on 18th November, 1995, he heard a cry and found a lady with fire on her head and he poured a bucket of water on her head. Dr. G. Debnath P.W. 3

is the medical officer, who found burnt injury on the victims scalp and proved exhibits 2 to 5 as the medical reports of the victim. In his deposition P.W

3 stated that the above injury could have caused death.

In the face of the cogent and consistent evidence of the victim lady P.W. 2 which is corroborated by the aforesaid medical evidence, I am of the

opinion that the prosecution has been able to prove its case beyond reasonable doubt and the sentence of the appellant is thus upheld. In view of the

aforesaid discussion, the appeal is dismissed. The period of detention suffered by the appellant during investigation, enquiry or trial shall be set off

against the substantive sentence imposed upon him under section 428 of the Code of the Criminal Procedure.

Copy of the judgment along with LCR be sent down to the trial court at once for necessary compliance. Urgent Photostat Certified copy of this order,

if applied for, be supplied expeditiously after complying with all necessary legal formalities.