ANIRUDDHA BOSE,J. - (1.) This appeal is against a judgment of conviction and sentence of the appellants, Panjatan Sk. and his wife Bulu Bibi under Sections 304 and 498A read with Section 34 of the Indian Penal Code, 1860. The charge against them is subjecting Firoja Bibi, the first wife of Panjatan Sk. to cruelty and killing her by pouring kerosene oil over her body and thereafter igniting her kerosene drenched body. The incident occurred at approximately 1.30 P.M. on 24th November 2003 in the residential home of the appellants as also the victim at Goze para village under Islampur police station in the district of Murshidabad. The victim was brought to Islampur hospital with almost 100% burn injury on 24th November 2003, at about 2.40 P.M., from where she was referred to Berhampur New General Hospital for better treatment. The victim however died at that hospital. Primarily on the basis of her dying declaration given before one Humayun Kabir, the medical officer of Islampur rural hospital at the material point of time, the Trial Court found the appellants guilty. Said Humayun Kabir has deposed as Prosecution Witness (P.W.) No. 8, and the statement of the victim recorded in the form of a certificate by the P.W.8 has been made 'Exhibit ­ 2'. The victim died on the same day at the hospital at Berhampur.
(2.) The First Information Report, as per records was registered on the same date at about 15.45 hours on the basis of a written complaint of one Babu Sk., son of the first appellant Panjatan Sk. and the victim, Firoja Bibi. The written complaint carries the left thumb impression of Babu Sk. and the scribe of the complaint is one Md. Sanuar Ali. The appellant no.1 had also sustained some injury, and in the written complaint it has been stated that such injury was suffered in the process of igniting the victim. The written complaint, however, has not been specifically proved and marked as an Exhibit. The endorsement on the same by one G. Biswas has been proved by the Investigating Officer to be the signature of sub - inspector Gobinda Chandra Biswas, Officer -in -charge of the Islampur police station at the material point of time, and this has been marked exhibit 4/1. The formal First Information Report, however, has been marked 'Exhibit 5'. Post -mortem examination of the victim was conducted by one Amiya Kumar Bera, a doctor attached to the General Hospital, Berhampur. The post -mortem report has been marked 'Exhibit ­ 3' and has been proved by said Amiya Kumar Bera who deposed as P.W. 10. He found the cause of death to be cardio -respiratory failure in a case of superficial burn. The death was anti -mortem and in course of his examination he stated such death "may be homicidal in nature". Autopsy was conducted on 25th November 2003, and the report records the injuries to be "superficial burn injury whole body except perinal area and sole ( 90%)."
(3.) This certificate of P.W. 8 recording the statement of the victim has been treated to be recorded of dying declaration in substance by the First Court. This certificate reads: - "A patient named Firaja bibi w/o Panjatan Sk. came to Islampur Hospital on 24/11/03 at 2.40 pm with almost 100% burn and she gave the statement on asking that she was burnt after pouring kerosene oil by her husband Panjatan Sk and Buluara bibi, pt was referred to NG Hospital at Berhampur." The exact date on which the certificate was issued is not clearly legible from this document. But this bears the signature of the P.W. 8.;