GIRISH CHANDRA GUPTA J. - (1.) THIS appeal is directed against a judgment dated 12th March 1998 passed by the learned Additional Sessions Judge, 1st Court, Midnapore, in Sessions Trial No.VI/June/92 by which the accused/husband Ashok Dab was convicted of offences punishable under Sections 498A/304B and 302 IPC and his near relations were all acquitted of the same charges. The appellant-husband also by an order dated 12th March 1998 was sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs.2000/-, in default to undergo further rigorous imprisonment for one year for the offence punishable under Section 302 IPC. He was also sentenced to suffer rigorous imprisonment for a period of three years as also to pay a fine of Rs.1000/-, in default to undergo further rigorous imprisonment for six months for the offence punishable under Section 498A. Both the sentences were however directed to run concurrently. The convict has come up in appeal.
(2.) THE facts and circumstances of the case briefly stated are as follows:- THE appellant Ashok Dab fell in love with his neighbour Sushmita alias Dukhirani. THE affair culminated in a social marriage. Within three years of her marriage she died on 16th August 1989 of severe burn injury. A written complaint was promptly lodged alleging continuous cruel treatment since three months after the marriage followed by physical assault and demand for a piece of land. THE victim was hospitalised. Dr. K.K. Maity, Surgeon of Ghatal Sub-Divisional Hospital, attended the patient and recorded her dying declaration. Dr. M. Mishra, EMO of Ghatal Sub-Divisional Hospital, had admitted the patient. He also recorded the dying declaration of the patient. THE dying declaration was also witnessed by staff nurse Shrimati Kajal Bera (PW 8). THE learned trial Court considering the evidence including the dying declaration passed the aforesaid judgment and order. Before adverting to the submissions advanced by Mr. Mitra, learned Advocate appearing for the appellant, it would be proper to notice the evidence in some detail. The fact that the victim died within three years of her marriage is not in dispute. The fact that she died of severe burn injury is also not in dispute. The fact that it was a love marriage is not in dispute. The fact that the parties were neighbours is also not in dispute. The PW 1, elder brother of the deceased, deposed that happiness between the couple ended within 3-4 months of the marriage. The victim used to be assaulted by the husband and his near relations. In order to put an end to the torture; a reconciliation process was attempted through a salish about which there is evidence adduced by the PW 1, PW 2 the brother and cousin of the victim. PW 7, a hostile witness, admitted during cross-examination by the prosecution with leave of Court that he had been told by the cousin of the victim about the salish. There is evidence adduced by the PWs.1 and 2 that a piece of land for the purpose of constructing a residential house was demanded by the accused through the victim his wife. The brothers of the victim were however reluctant or unable to part with that piece of land. In connection with the aforesaid demand the PW 1 during his crossexamination deposed as follows:- "As we are very poor I told my sister that we are not in a position to give her the bastu she has asked for. My sister felt grieved for that. I cannot say the date, month and year in which my sister wanted bastu to me." Pw 2, a cousin of the victim, deposed in that regard during his crossexamination as follows:- "I heard from my sister that she was put to torture as the bastu demanded by her husband was not given." As regards the dying declaration the evidence of Dr. Mishra, EMO of Ghatal Sub-Divisional Hospital, is as follows:- "On 16.8.89 I was posted at Ghatal S.D. Hospital as M.O. On that date I was on duty as E.M.O. at 11.25 a.m. On that date and at that time one Dukhirani Dab, wife of Ashok Dab of village Jotkeshab was admitted into the emergency room. The patient came with extensive burn. After examination of the patient, I got her admitted into the hospital and she was admitted under Dr. P. Poddar. The patient stated to me that her husband poured kerosene oil on her body and threw a burning matchstick on her in the morning.
(3.) ON examination I found that the patient had extensive burn all over her body. This emergency ticket is in my handwriting and it bears my signature (marked ext.5). This admission form is in my handwriting and it bears my signature (marked ext.6)" The relevant portion of Exbt.5 reads as follows:- "Patient stated that her husband threw kerosene oil and a burning matchstick on her body in the morning. Patient has extensive burns all over the body." The patient was thereafter shifted to the bed. Dr. Maity treated her. He again recorded her statement in presence of Dr. N. Mishra, EMO, S/N Mrs. Kajal Bera, Group D Staff Mrs. Sushma Singh which reads as follows:- "Patient conscious and oriented and she states that the husband of the patient poured kerosene oil on her body at about 9.30 A.M. today and threw burning matchstick on her. The statement recorded by Dr. Maity was marked exbt.4.;