JUDGMENT :

PARTHA SARATHI SEN, J.

1. In this criminal appeal the judgment dated 23.09.2003 and the order of sentence dated 24.09.2003 as passed by learned Additional Sessions Judge, 1st Court, Hooghly in Sessions Trial No. 16 of 2003 has been assailed. By the impugned judgment learned trial court found the present appellant guilty of the offence under Section 498A IPC and thus, convicted and sentenced him to suffer RI for two years and to pay a fine of Rs.1000/- i.d to suffer RI for six months and at the same time the said Court also found the present appellant guilty of the offence under Section 302 IPC and thus, convicted and sentenced him to suffer RI for life and to pay a fine of Rs.5000/- id to suffer one year more with a further direction that both the sentences would run concurrently. The convict felt aggrieved and thus, preferred the instant appeal.

2. For effective disposal of the instant appeal the facts leading to initiation of the aforesaid sessions trial is required to be dealt with in a nutshell.

3. One Smt. Anima Sarkar, wife of Sri Nani Bhusan Sarkar of 1, Kapasdanga, P.O. and District Hooghly, lodged a written complaint with the O/C, Balagarh Police Station, District Hooghly stating inter alia, that on December 13, 1994 the marriage of her daughter Sumitra (Jhunu) was solemnized with the present appellant as per Hindu Rites and Customs and at the time of such marriage she had given various nuptial gifts, cash of Rs. 20,000/- and gold ornaments to the father of the present appellant but after such marriage, her son-in-law, who is the present appellant herein and his mother Smt. Hena Dutta further demanded Rs.30,000/- and various other articles from her and for fulfilling such demand they started inflicting torture upon her said daughter in which not only her said son-in-law and his mother but also his three brothers namely; Sibabrata Dutta, Nibabrata Dutta and Ashim Dutta also participated. It has also been stated in the said written complaint that being unable to forbear such torture upon her, the said daughter of the de facto complainant viz. Sumitra returned to her paternal home but the de facto complainant as well as her other family members with an expectation of better future tried to persuade the present appellant and his family members but of no effect. It has been stated further that in order to pacify the dispute on account of the torture of the appellant and his family members, as per advice of the well wishers a room was taken on rent for the residence of the daughter of the de facto complainant and her husband under Jirat Panchayat in District Hooghly wherein the local Panchayat members and Jilla Parishad members also intervened. It has been stated also in the said complaint that on March 14, 1999 in the morning she came to learn from a local resident that her daughter Sumitra had been admitted along with her husband in burnt condition at Chinsurah Imambara Sadar Hospital and immediately thereafter she, her family members and her ‘para’ people reached to the said hospital and on reaching there she also noticed that her said daughter was admitted in female surgical ward in ablazed condition and at that time the victim disclosed to her that on the said day at about 9 A.M. her husband Subrata Dutta (the appellant herein) poured kerosene oil on her person and thereafter set fire on her person. It has been disclosed further that subsequently on March 14, 1999 her said daughter succumbed to her injuries at 17:10 hrs in PG Hospital, Kolkata where she was referred for better treatment.

4. On the basis of such written complaint Balagarh P.S Case no. 20/1999 dated 15.03.1999 under Sections 498A/302 IPC was started.

Investigation was taken up and on completion of the same charge sheet under Sections 498A/302/304B IPC was submitted.

5. After commitment and transfer the learned trial court on March 4, 2003 considered the charges as against the present appellant as well as against the other charge sheeted accused perso