Girish Chandra Gupta, J. - (1.) This appeal is directed against a judgment and order dated 24th July 2002 passed by the learned Additional Sessions Judge, First Court, Nadia in Sessions Case No. 16(2) of 2000 convicting the appellants under section 302 read with section 34 of the Indian Penal Code and a further order dated 25th July 2002 by which the appellants were sentenced to undergo life imprisonment as also to pay fine of Rs. 2000/-, in default, to suffer further rigorous imprisonment for a period of one year each.
(2.) The case of the prosecution briefly stated is as follows:- In the last part of Agrahan 1403 B.S. corresponding to sometime in November-December 1996 Shibani Barui, daughter of Nikhil Chandra Barui, was given in marriage to Mrityunjoy Biswas, son of late Kunjabehari Biswas according to Hindu rites and customs. Shri Nikhil Chandra Barui, the defacto complainant as also the P.W.1 is a cultivator and vegetable seller. According to him, at the time of marriage, a sum of Rs. 10,000/- in cash together with articles had been given by him by way of dowry. He had also promised to give a pair of gold earrings which he could not perform. As a result the sonin-law, Mrityunjoy and his mother Sabitri Biswas started inflicting torture upon his daughter. On 16th August 1997 he received a letter which is exhibit Rs.3', through his youngest daughter, from his son-in-law stating that the articles promised to him should be reached to his house within 10 days in order to avoid unpleasant consequence. On 20th August 1997 at about 8 P.M. he got an information that his son-in-law Mrityunjoy and his mother Sabitri had burnt his daughter by pouring kerosene oil at about 5 P.M. The neighbours rescued her and admitted her at Jaharlal Hospital. She was in a critical condition. On 21st August 1997 in the morning he went to the house of his son-in-law took him and his mother Sabitri along and proceeded to the concerned hospital. Sudhirbala and Subhankar also accompanied him. He found his daughter in a critical condition. The daughter is claimed to have told him that her husband and her mother-in-law had burnt her by pouring kerosene oil. He thereafter took his son-in-law and his mother Sabitri to the police station and handed them over to the police. A written complaint scribed by Jagadish the P.W.9 was also submitted which appears to have been received by the police at 5.45 P.M. on 21st August 1997. On 21st August 1997 P.W.12 Dr. Siddhanta attached to the concerned hospital under whose care the patient had been admitted, recorded a dying declaration which reads as follows:- "Dying declaration taken in front of S.N. As per statement of the patient her husband in presence of her mother-in-law burnt her with kerosene oil. Burnt all over face, chest, back and left lower limbs about 60%. Patient is concious. Sd.- Illegible 21/8"
(3.) P.W.7 Subhankar, a brother of the defacto- complainant also claimed to have met the victim at the hospital when she had disclosed that she was burnt by her husband and mother-in-law. The victim however survived a few days more. On 25th August 1997 in the morning at about 7.15 A.M. she expired.;