- (1.) It is the case of the prosecution that the deceased Ashima Ghosh after her marriage with the appellant/convict Dipankar Ghosh, and other members of her matrimonial family, the mother-in-law, sister-in-law and brothers-in-law was residing at her matrimonial home situated at Bhajanghat Kalitala, Krishnaganj, Nadia. At the time of marriage although sufficient dowry was given but her husband and others were not happy with the same and she was regularly tortured by him for further dowry. Thereafter nearly 3 years of her marriage at her matrimonial home, on November 24, 2012, at around 11 p.m. her husband, the appellant/convict, who was then in drunken state set her on fire. When other members of her matrimonial home extinguished the fire and on the same night removed her to Block Primary Health Centre, Krishnaganj, she was found to have sustained 70% burn injuries and was referred to Saktinagar Hospital. On November 26, 2012 from Saktinagar Hospital she was removed to Nilratan Sircar Medical College and Hospital and on December 4, 2012 she succumbed to her burn injury at that hospital. It is the further case of the prosecution after the incident she gave four dying declarations. Out of those four dying declarations, two dying declarations were oral and made to her mother PW/1 and one of her relation PW/5 at the hospital. The third dying declaration was made to the Investigating Officer of the case at Saktinagar Hospital and the same was reduced into writing by him. Similarly, the last dying declaration was recorded in the injury report by her attending doctor, on November 27, 2012 at Nilratan Sircar Medical College and Hospital. According to her mother (PW/1), relations (PW/5), they were told by the deceased that she was set on fire by her husband, the appellant/convict and by her mother-in-law. While in the two recorded dying declarations, she implicated only the appellant/convict, her husband for setting her on fire.
(2.) On November 25, 2012, while she was undergoing treatment at Saktinagar Hospital, her mother PW/1, Bela Rani Ghosh reported the incident to Krishnaganj Police Station and an FIR for alleged commission of offences punishable under sections 498A/326/307 IPC was registered against the appellant/convict and five others. The case was however ended in charge sheet under sections 498A/304B/302/34 IPC.
(3.) The appellant/convict and five other co-accused's were then placed on trial before the Additional Sessions Judge, 3rd Court, Krishnanagar, Nadia to answer charges under sections 498A IPC, 304B/34 IPC, 302/34 IPC.;