Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 20.11.2014 and 21.11.2014 passed by the learned Additional Sessions Judge, Amta, Howrah, convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default, to suffer further rigorous imprisonment for six months more.
(2.) Prosecution case as alleged against the appellants and other accused persons is to the effect that the victim Sabina Begum was married to Sk. Moidul on 17.07.2010 according to Muslim Rites and Customs. At the time of marriage sufficient amount of money, two bhories of gold ornaments and other presentations were given. The victim was subjected to mental and physical torture over further demand of Rs.50,000/- by the appellants and other in-laws including her husband and she informed of such torture to her mother Najima Begum, P.W.3. From the wedlock a female child was born. On 13.10.2012 at 5.30 PM Najima came to know that her son-in-law and other in-laws including the appellants i.e. her mother-in-law and sisters-in-law have set her on fire. She rushed to the matrimonial home where she found her daughter with burn injuries. On the way to the hospital, her daughter stated that the appellants and other accused persons had set her on fire. She was initially taken to Amta Rural Hospital and in the hospital she made a dying declaration which was recorded by P.W.10, Dr. Monindra Nath Bera, stating that the appellant no. 1, her mother-inlaw, Manija Begum and appellants no. 2 and 3, Samu Begum and Hanufa Begum, her sisters-in-law, had set her on fire. Subsequently she was shifted to Howrah District Hospital where she made similar dying declaration before P.W.8 and ultimately expired on 17.10.2012. In the meantime, on 14.10.2012, her mother-in-law, P.W.3, lodged written complaint resulting in registration of Amta Police Station Case No. 303 of 2012 dated 14.10.2012 under Sections 498A/326/34 of the Indian Penal Code. After her death Sections 302/34 of the Indian Penal Code was added to the array of offences. In conclusion of investigation charge-sheet was filed against the appellants and other accused persons including the husband of the victim under Sections 498A/326/34 of the Indian Penal Code and the case was committed to the Court of the Additional Sessions Judge, Amta, Howrah for trial. Charges were framed against the appellants and other accused persons under Sections 498A/302/34 of the Indian Penal Code and they pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 11 witnesses and exhibited a number of documents including the dying declarations of the victim. In conclusion of trial, the learned Trial Judge by judgment and order dated 20.11.2014 and 21.11.2014 convicted and sentenced the appellants, as aforesaid. The appellants, however, were acquitted of the charge under Sections 498A/34 of the Indian Penal Code and other accused persons were acquitted of all the charges levelled against them.
(3.) Mr. Chatterjee, learned Counsel appearing for the appellants, submitted that the prosecution witnesses including the mother of the victim P.W.3 has not supported the prosecution case. P.W.3 deposed that she was unaware of the contents of the first information report and the victim had to be brought out from her room after breaking the door. These circumstances improbabilise a case of homicidal burn. He criticized the dying declarations recorded by P.W.8 and P.W.10 and submitted that there is no endorsement that the patient was conscious and fit to make the dying declarations. Declarations were written in English language although it was purportedly made in Bengali. No L.T.I. of the victim was taken. Nurse, in whose presence, the dying declaration was recorded at Howrah District Hospital has not been examined. There is no reference to the dying declarations recorded by P.W.8 and P.W.10 in the first information report. Hence, it is unsafe to rely on the said dying declarations to come to a finding against the appellants.;