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2. THE RELEVANT FACTS AND BACKGROUND:-

2.1. The prosecution case, as has been unfurled, is that on 19.03.2008, one Amulya Barman, appearing at Melaghar police station, submitted a written complaint stating, ​inter alia, t​ hat about 15 years back, his sister Ratna Barman(Das) was given marriage with Parimal Das and after their marriage two children were born out of their wedlock. After a few years Parimal Das developed an illicit relation with one of his neighbour, namely Laxmi Chakraborty who used to torture his sister in presence of Parimal Das and, on 18.03.2008, at about 11 p.m. said Parimal Das poured kerosene oil on the body of Ratna Barman (Das) whereby she was set ablazed.

5.3 P.W 1, Sri Amulya Barman is the informant and the brother of deceased, Ratna Barman (Das). In his deposition Page ​12​ of ​44 P.W- 1 stated that about 17 years back his sister was married to accused-Parimal Das, who was a police officer. P.W-1 further stated that while the accused was promoted as Darogababu, he purchased a land near Jagnnath Bari Road at Melaghar and subsequently, the accused developed an illicit relationship with one Laxmi Chakraborty, and on being objected by the deceased, the accused used to torture her. P.W-1 further stated that on 18.03.2008 at about 11 p.m. he received telephonic information from one unknown person that his sister received severe burn injuries and she was shifted to Melaghar Hospital for treatment from where she was shifted to GB Hospital for treatment. P.W-1 further deposed that while he was escorting his sister (Ratna Barman) to GB Hospital, his sister stated that the accused had set her on fire by pouring kerosene oil. His sister expired at G.B. Hospital. Subsequently, he submitted his complaint with the O/C of Melaghar Police station against the accused-Parimal Das and Smt. Laxmi Chakraborty. 5.4. P.W 2, Sri Biplab Chakraborty is the neighbour of the accused-appellant as well as the deceased. He deposed Page ​13​ of ​44 that on 18.03.2008 at about 11.00 P.M. after hearing commotion from outside, he rushed out from his hut and proceeded towards the house of accused-appellant. He found there a group of people, and he observed that one female was burning in the house complex of the accused-appellant. He informed the matter to the fire service station at Melaghar over phone. They found the gate of the accused-appellant locked from inside. They broke it down and entered into the house complex. He further deposed that they found the wife of the appellant was burning under a small jackfruit tree near their latrine when she was crying, saying "​Mairalaiche, Mairaliche​" ('​killed killed'​). Proceeding further, this witness deposed that on being asked, the wife of the accused-appellant stated that the accused, Parimal Das set fire to her by pouring kerosene. He deposed that Parimal Das had fled away before their arrival.

In cross examination, the statement of P.W.-4 "​bacho bacho'​ was found to be absent when her attention was drawn under Section 161 of Cr.P.C.

5.7. P.W.-5, Dhirendra Debnath deposed that he wrote the ejahar on the basis of the oral version of one Amulya Barman of Taxapara area. He identified the ejahar as well as his signature thereon (​Exbt-1/1 & Exbt-1/2 respectively)​ .

Page ​16​ of ​44 5.8. P.W.-6, Uttam Barman, a fireman, deposed that on 18.03.2008 after receipt of information, they rescued the victim who disclosed her name as Ratna Barman (Das), wife of Parimal Das. At that time, she stated that her husband Parimal Das set her on fire by pouring kerosene. Nothing material could be elicited from cross examination to contradict his deposition which he made in his examination-in-chief. 5.9. P.W.-7, Monoranjan Debbarma was also a fireman on duty on 18.03.2008 and was one of the members of the team who rescued the victim. He deposed that at the time of shifting the victim to hospital, on being asked, she disclosed her name as Ratna Barman (Das) and it was her husband who set her on fire by pouring kerosene. Later on, they came to learn that she died.

In his cross-examination he denied the suggestion that the victim was not in a position to speak. 5.10. P.W.-8, Swapan Sen deposed that he knew both the accused-appellant and his deceased wife being the residents of the same locality. He deposed that on 18.03.2018 Page ​17​ of ​44 at about 11.00 P.M. after hearing the hue and cry, he rushed to the house of Parimal Das and found the wife of Parimal Das in burning condition under a jackfruit tree. She was whimpering '​oh- oh' sound and saying that the father of Payel i.e., the accused-appellant set her on fire. By that time, fire brigade people had arrived there and shifted her to Melaghar Hospital.