Jay Sengupta, J. - (1.) This appeal is directed against a judgment and order dated 9th March 2003 passed by the Learned Additional Sessions Judge, Fast Track Court, Dinhata, Cooch Behar in Sessions Case No. 94/2003:Sessions Trial No. 3/Nov/ 2003, thereby convicting the appellants under Sections 302, 498A read with Section 34 of the Indian Penal Code and sentencing each of them to life imprisonment and to pay fine of Rs. 10,000/- in default to suffer for the rigorous imprisonment for 2 years for the offence under Sections 302, 34 and to rigorous imprisonment for 3 years and to pay fine of Rs. 3000/-, in default to suffer rigorous imprisonment for 6 months for the offence under Sections 498A, 34. The appellant no. 1 was the husband of the victim/deceased and the appellant no. 2 was her mother-in-law.
(2.) On 3rd October 2002 at about 20:35 hours, PW 19, a Sub-Inspector of Police lodged a suo motu First Information Report against the appellant. It was alleged that one Jyotsna Burman (22 years), who was admitted in hospital on 17th September 2002, succumbed to her injuries a 28th September 2002. It was alleged that the victim was married to the appellant no. 1 about two years ago and since then, she was subjected to mental and physical torture by the appellants. The victim made a dying declaration before an attending medical officer at Sitai BPHC and also as recorded by a Learned Magistrate at M.J.N. S.D. Hospital, Cooch Behar. In her dying declaration at Sitai BPHC, the victim stated that the appellants had poured kerosene on her body and set her on fire on 17th September 2002 at 18:00 hours.
(3.) Investigation commenced. The post mortem report gave the cause of death as due to shock from the stated burn injury, which was ante-mortem in nature. Witnesses were examined and relevant documents were seized. A charge sheet was submitted and finally on 5th November 2003, charges were framed against the appellants under Sections 498A and 302 read with Section 34 of the Indian Penal Code.;