- (1.) This appeal is directed against the judgment and order of conviction dated 21st December, 2006 and 22nd December, 2006 passed by the Additional Sessions Judge, 5th Court, Burdwan in Sessions Trial No. 24 of 2006 arising out Sessions Case No. 242 of 2005 whereby and whereunder the appellants were convicted and sentenced for the offence committed under Section 302 /34 I.P.C and the appellants were directed to suffer imprisonment for life with fine of Rs. 5000/-and in default to suffer rigorous imprisonment for three months.
(2.) The case of the prosecution is that on 21st September, 2000 the victim lady was brought by a Van to Madhavdihi Police Station in burnt condition. On interrogation, she informed the Officer-in-charge of the concerned Police Station that at about 9-30 hours on the same day, a quarrel had started between the accused appellant Nos. 1 and 2 and herself. In the course of quarrel, the accused appellants poured kerosene oil over her body and set her on fire. She called for help. Before the neighbors could reach, the lower parts of her body and foot to hair were burnt because of the fire. This statement of the victim lady was recorded by the Officer-in-charge of the concerned police station to which the victim lady put her L.T.I. It was recorded at 13-45 hours and thereafter Madhabdihi Police Station Case No. 25 of 2000 under Section 326/34 IPC was initiated. On 23rd September, 2000 the victim died. Therefore, additional Section under Section 498A/302 IPC were included. The said statement, which earlier was an F.I.R, on demise of the victim became a dying declaration. For investigation purposes, the case was handed to the I.O, P.W. 13. Inquest and postmortem was conducted on the body of the victim. A rough sketch map was also drawn. Reports of the inquest and postmortem were submitted and charge sheet filed. Thereafter, the case was committed to the Court of Sessions, Burdwan and thereafter was transferred to the 5th Court of the Additional Sessions Judge, Burdwan.
(3.) Charges was framed under Section 302/34 IPC. The charges were read over and explained to the accused- appellants to which both of them pleaded not guilty and claimed to be tried. Thereafter trial began and the prosecution examined 13 witnesses. No witness was examined by the defence. The accused appellants were examined under section 313 Cr.P.C. On consideration of both documentary and oral evidence, the order of conviction and sentence was passed. Counsel for the accused appellants submits that the appellant no. 1 after the order of conviction was passed and during the pendency of this appeal, has expired. This will also be borne out from the report filed by the Superintendent of the Correctional Home at Burdwan wherefrom it will appear that the accused appellant no. 1 died on 22nd January, 2011. In view of the aforesaid the appeal as against the accused appellant no. 1 has abated. Therefore, this appeal is only being pursued by the accused appellant no. 2.;