In cases of doubt, the proposition in favor of the accused should be accepted, and the accused should be given the benefit of the doubt.

JUDGMENT

Md. Shabbar Rashidi, J. - The appeal is directed against the judgment of conviction dated 24.02.2020 and consequential order of sentence dated 26.02.2020 passed by learned 2nd Additional District & Sessions Judge, Krishnanagar, Nadia in Sessions Trial No. XI (II) of 2018 corresponding to Sessions Case No. 27 (02) of 2018 under section 302 of the Indian Penal Code.

2. The victim i.e. the wife of the de facto complainant used to reside alone and developed a relationship with the accused Samaresh Kirtonia. Owing to his employment, the de facto complainant then, used to reside outside.

3. On 08/11/2017 at about 11 pm, the accused entered into the house of the victim and had an altercation with her. Hearing the shouting, the elder brother of the de facto complainant rushed to the room of the victim and saw her blazing. Samaresh then fled away. The victim was taken to Krishnaganj hospital for her treatment and she was referred to Saktinagar hospital and thereafter, she was further referred to Kalyani Jahar Lal Nehru Hospital in a precarious condition. The victim is said to have narrated the incident to the de facto complainant in course of her treatment and is said to have reported that she was set ablaze by accused Samaresh with an intention to kill her. Being informed by his elder brother of the de facto complainant came back and lodged the written complaint with Krishnaganj police.

4. On the basis of such written complaint lodged by the de facto complainant, Krishnaganj P.S. Case No.370 dated 11.11.2017 under section 326/307 of the Indian Penal Code was started against the convict Samaresh Kirtonia.

5. The police took up investigation and on completion thereof submitted charge sheet against the convict under section 302 of the Indian Penal Code.

6. Pursuant to the compliance of the provisions under section 207 of the Code of Criminal Procedure and the case, having been committed to Court of Sessions, charge under section 302 of the Indian Penal Code was framed to which the convict pleaded not guilty and claimed to be tried. The convict stood trial.

7. In course of trial, prosecution altogether adduced as many as 24 witnesses. In addition, prosecution also adduced documentary evidences as well.

8. The appellant was examined under section 313 of the Code of Criminal Procedure where he pleaded innocence. No defense witness was adduced by the appellant.

9. PW1 is the de facto complainant. He has stated that on the date of incident i.e. 08/11/2017, he was at Pune and came down the next day. He attended his wife at JNM Hospital, Kalyani. He came to know from Puja that on the date of incident, accused Samaresh came to his house in his absence, assaulted her, poured kerosene oil over her body and set her on fire. He further stated that his mother, elder brother and his wife used to reside in the same house but in separate rooms. He also came to know about the incident from his elder brother Rabindranath Kirtonia. Subsequently, he lodged a written complaint with the police and proved his signature thereon (Ext.1/1). He further stated that his wife died after 10 days of the incident at JNM Hospital, Kalyani. He also proved his signature on the report prepared over the dead body (Ext.2/1).

10. In his cross-examination, PW1 stated that when he came from Pune, he visited his wife in the hospital and found her in precarious condition and on that very day, he lodged the written complaint. He admitted in his cross-examination that he had no good relations and visiting terms with the accused.

11. The elder brother of de facto complainant, Rabindranath Kirtonia deposed as PW2. He stated that he along with his wife and son went to bed at 7.30 pm. While asleep, he heard hue and cry. Coming out, he saw his brother's wife Puja ablaze in the courtyard and the accused Samaresh fleeing away. PW2 poured water to douse the fire, thereafter she was lying down on the ground and then PW2 took her to Krishnaganj hospital for treatment. PW2 also recorded his stat