accidental burn from the kerosene lamp

 Section 302 IPC Murder - Conviction of accused - Appeal against conviction - Appellant stated that the victim had suffered accidental burn from the kerosene lamp - Kerosene lamps are ordinarily available in every village home - Recovery of half full bottle of kerosene and a burnt mat from the place of occurrence does not rule out the possibility of accidental burn as much as it does not lead to the inevitable conclusion of homicidal death - No investigation with regard to other compelling circumstances, namely, presence of smell of kerosene oil on the body or in the wearing apparels of the victim were undertaken to rule out the possibility of accidental burn - These loopholes in the prosecution case leave a lingering doubt that the victim may have suffered accidental burn injuries which prompted her husband that is the appellant and her mother-in-law to take all measures to save her life - In the circumstances, benefit of the doubt has to be granted to appellant and acquit him of the charge levelled against him - Conviction and sentence of appellant is set aside Appeal allowed. [Paras 27 to 29]

PIYARUL vs STATE OF WEST BENGAL CRA 610/16 20/05/22 [ PATTANAYAK JJ ]

[ CALCUTTA HIGH COURT ]