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2022 Supreme(Cal) 218

JOYMALYA BAGCHI, BIVAS PATTANAYAK
S. K. Piyarul – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellant:Arnab Saha, Advocate, Bibaswan Bhattacharyya appears as Amicus Curiae.
For the Respondents:Zareen N. Khan, Amita Gaur, Advocates.

JUDGMENT :

Joymalya Bagchi, J.

1. In the night of 17.09.2010, Hasina Khatun suffered burn injuries at her matrimonial home. Five years prior to the incident, she was married to the appellant Piyarul. They had fallen in love and married. Initially, Nurjaman Ali (P.W. 1), father of Hasina did not approve the match. Subsequently, he accepted Piyarul as his son-in-law. A son, namely, Hasan was born to the couple. He was around 3½ years at the time of incident. Aruna Bibi (P.W. 10), sister of Hasina informed her parents about the incident. They came to the matrimonial home of Hasina and heard she had been shifted to Berhampore General Hospital. On the next day, i.e. 18.09.2010 they went to Berhampore General Hospital where it is claimed Hasina told them an altercation had cropped up between Piyarul and herself as she had received a phone call in the mobile phone of Piyarul from a lady. Piyarul became angry and set her on fire. In the morning of 20.09.2010, Hasina expired. On 21.09.2010, Nurjaman Ali (P.W. 1) lodged written complaint resulting in Daulatabad P.S. Case No. 149/10 dated 21.09.2010 under sections 498A and 302 of the Indian Penal Code. In the course of investigation, appellant

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