Kalyan Jyoti Sengupta, J. - (1.) This appeal is directed against judgment and sentence passed by the learned Sessions Judge, Fifth Bench of the City Sessions Court at Calcutta in Sessions Case No. 64 of 1988 and Sessions Trial No. 2 of 1989. The appellant/accused stood for trial on the charges under Section 302 of the Indian Penal Code and under Section 498-A of the Indian Penal Code. The brief fact of the case is as follows : "One Tapati @ Tapu Bakuli being the wife of the appellant/accused died of burn injury which she had sustained at night at about 9.30/9.45 p.m. of 25th February, 1985. After having sustained severe burn injury she was removed from the house of the appellant/accused and admitted to Medical College Hospital. On 25th February, 1985 the said deceased victim made a statement before the Sub-Inspector of Police to the effect that appellant/accused being the husband of the victim on 12 Falgun, 1391, Sunday corresponding to 24th February, 1985 at about 9.30/9.45 p.m. poured kerosene oil on her body and kinded fire to burn her to death in their bed room at the first floor. Her clothings caught fire and she could see nothing. She cried aloud saying, "save me, save me", water was poured and fire was extinguished and whole of her body was seriously burnt. Her 'Bhasur' (elder brother of her husband) got her admitted to the hospital. Her husband, Madhab Chandra Bakuli, being the appellant / accused used to ask her always to commit suicide by taking poison. She was feeling much burning sensations in her body. The above was the complaint of the said victim, Tapati Bakuli.
(2.) In pursuance of this complaint, the Investigating Officer of Shyampukur Police Station, Calcutta started investigation. At night of 25th.February, 1985 the Investigating Officer went to the place of occurence and seized various incriminating articles and prepared a seized seizure list. Appellant/accused was arrested on that day. The Investigating Officer obtained statement of various persons under Section 161 of the Criminal Procedure Code. Thereafter the charge was framed by the learned Court below in the manner as follows : (i) That you Madhab Chandra Bakuli on or about 24th February, 1985 at about 9.30 p.m. in your bed room on the first floor of the premises No. 1 A, Gosai Lane, Police Station Shyampukur, Calcutta poured kerosene oil on the clothings and body of your wife Smt. Tapati Bakuli @ Tapu Bakuli and set fire by kindling a match stick on the same thereby causing extensive burn injury on her person as a result of which she expired at about 4.00 p.m. on 27th February, 1985 in the Calcutta Medical College Hospital and thereby you committed an offence punishable under Section 302 of the Indian Penal Code within the cognizance of this Court of Sessions. (ii) You on various occasions and particularly on the aforesaid date, time and place being the husband of the said Tapati Bakuli wilfully subjected her cruelty by harassing her with a view to coerce her and her relation to meet your unlawful demand of money and goods and also causing grave mental and physical injury to her eventually leading to her death of on the aforesaid date, time and thereby you committed an offence punishable under Section 498-A of the Indian Penal Code and within the cognizance of this Court of Sessions.
(3.) The prosecution in order to prove the charges, has examined as many as 29 witnesses, the defence produced none. It appears from the trend of the answer to the questions put under Section 313 of the Criminal Procedure Code that defence version is totally denial. The learned trial Judge has convicted the appellant on the sole piece of evidence i.e., the dying declaration allegedly made by the victim and which was taken down and/or recorded by the P. W. 23, the learned Magistrate. The learned trial Judge apart from dying declaration, has also relied on unspecified circumstantial evidence.;