ANOWARA BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a Judgment dated 24th March, 2009 by which the accused Anowara Bibi and her son Sk. Gadai were both convicted of an offence punishable under section 302 of the Indian Penal Code. By an order dated 25th March, 2009 both of them were sentenced to imprisonment for life as also to pay a fine of Rs. 10,000/- (Rs. Ten thousand only) each in default of such payment they were directed to undergo further imprisonment for a period of one year each. It is against this Judgment and Order that the present appeal was preferred.

(2.) THE facts and circumstances of the case briefly stated are that a written complaint dated 2nd November, 2004 was lodged with the Suri Police Station alleging that Rehana Bibi the daughter of the defacto-complainant Sk. Haradhan was set on fire at her matrimonial home by Anowara the mother in law and Gadai her husband. On 1st November, 2004, at about 11 a.m. the victim was shifted to the Suri hospital where she died on the same day at about 11p.m. in the night. It was also alleged in the written complaint that ever since the marriage the victim was continuously tortured at the matrimonial home by the accused persons. It is on this basis that the Suri Police Station Case No. 160 of 2004 under section 498A/304B and 302 of the Indian Penal Code was started.

(3.) MR. Ganguly, submitted with some justification that if the P.W. 16 was present when the alleged dying declaration was made he could not have been unaware of the cause of death. He was expected at least to disclose the statement or the gist thereof made by the deceased to the learned Executive Magistrate. P.W. 17, is the Magistrate himself who recorded the dying declaration. He deposed that Aspia Bibi had identified the victim to him.