- (1.) This appeal is directed against the judgment and order of conviction dated 28th February, 2006, passed by the Learned Additional District & Sessions Judge, Fast Track Court VII, Alipore, South 24 Parganas in Session Trial No.6(1) of 2005 arising out of Sessions Case No.47 (11) of 2004 under Sections 498A, 302 read with Section 34 of the Indian Penal Code.
(2.) The prosecution's case is as follows: One Sabina Bibi, the victim girl was married to the accused appellant no.1 in May, 2002. After the marriage, demand for money was made by the accused appellants from the victim girl several times. As this demand was not met, the accused appellants set light the victim girl by pouring kerosene oil over her body. This incident occurred at the matrimonial home of the victim girl and P.W.4 informed P.W.1 of the incident. The incident took place on 9th May, 2004 and the FIR was registered on 14th May, 2004, after the death of the victim girl on 13th May, 2004 at 8.00 a.m. at the National Medical College and Hospital. Three dying declarations were made by the victim girl. The first is before P.W.4, Md. Mustaque, who is the brother-in-law of the victim girl. The second dying declaration finds mention in the admission register at the time of admission on 9th May, 2004 and the third dying declaration has been recorded by P.W.2 (S.I) in the presence of P.W.3 (doctor).
(3.) On demise of the victim girl, an FIR was lodged and on receipt of such FIR, investigation initiated which culminated in two incidents namely, the arrest of the accused appellant no.1 on 14th May, 2004 and the accused appellant no.2 surrendered on 18th June, 2004. Charge-sheet is the next incident which occurred as a result of the investigation. Charges were framed and read over and explained to the accused appellants, to which the accused appellants pleaded not guilty and sought trial.;