Decided on March 24,2021

Mubarak Sarkar Appellant


ARINDAM LODH,J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 04.12.2018, passed by the learned Addl. Sessions Judge, Gomati Judicial District, Udaipur, in case No. S.T. 08(GT/A) of 2016 (T-1), whereby and whereunder, the appellant has been convicted and sentenced to suffer Rigorous Imprisonment RI, for short for life along with fine of Rs.10,000/-Rupees ten thousand for the offence committed under Section-302 of IPC and further to suffer RI for 5 years for the offence committed under Section-455 of IPC along with fine of Rs.5,000/-Rupees five thousand with default stipulations.
(2.) Briefly stated, one Habil Miah lodged a written complaint to the Officer-in-charge of Birganj Police Station, inter alia, stating that on 31.07.2015 at about 9.00 am when Hasina Begam was alone and watching TV, suddenly, Mubarak Sarkar, the accused-appellant herein, came out below the cot and gagged her mouth with his hands and put kerosene oil on her person setting her ablaze. She was almost completely burnt. Hearing hue and cry, her sister Dilwara Begam with her husband Khalil Miah had rushed to the spot. They took the victim to Amarpur Hospital wherefrom she was referred to Gomati Hospital and on 31.07.2015 at about 4.30 pm she was again referred to GBP Hospital. The victim was struggling with her life. The accused set Hasina Begam on fire with the intention to kill her.
(3.) Pursuant to this complaint, FIR No. 054 of 2015 was registered under Sections-455/326/307 of IPC. Being endorsed, Sub-inspector Bimalendu Saha started investigation. However, on 04.08.2015 the victim succumbed to her injuries and the Investigating Officer I.O., for short made a prayer for adding Section-302 of IPC which was allowed. Two dying declarations were recorded by two doctors during the treatment of the victim- firstly, on 31.07.2015 at about 2.30 pm at District Hospital, Gomati, by the Medical Officer, Dr. Umakanta Acharjee (PW-18) and secondly, on the same day at about 8.05 pm at AGMC and GBP Hospital, by the Deputy Collector and Magistrate, Agartala, namely, Takshiray Debbarma (PW-15) in presence of Dr. Goutam Debbarma, who certified that the victim was mentally fit to give statements.;

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