The dying declaration of the victim was admissible in evidence as it was truthful, voluntary, and not a product of tutoring or prompting.

JUDGMENT

Debangsu Basak, J.

1. Appellant has assailed the judgment of conviction and the order of sentence dated July 18, 2012 passed by the learned Additional Sessions Judge, 2nd Court, Arambagh, Hooghly in Sessions Trial No. 09/2015 arising out of Sessions Case No. 116/2014.

2. By the impugned judgment of conviction, the appellant has been convicted under Sections 498A/302 of the Indian Penal Code, 1860. By the impugned order of sentence, the appellant has been sentenced to simple imprisonment for 3 years and to pay a fine of Rs. 2,000 and in default to undergo simple imprisonment for 4 months for committing the offence punishable under Section 498A of the Indian Penal Code, 1860 and sentenced to imprisonment for life and to pay a fine of Rs.10,000 and in default to suffer simple imprisonment for 2 years for committing the offence punishable under Section 302 of the Indian Penal Code, 1860.

3. The father of the victim had lodged a written complaint with the police on January 2, 2012 with regard to torture and dowry death of the victim on January 2, 2012. The father of the victim had implicated the appellant in such written complaint. He had stated that, the appellant joined the other family members in assaulting the victim.

4. The written complaint of the father of the victim had been registered as a First Information Report. The police on completion of the investigation had submitted a charge sheet against the appellant under Section 498A/302 of the Indian Penal Code, 1860. The Court had framed charges against the appellant under Section 498A/341/302/34 against the appellant on February 11, 2015. The appellant had pleaded not guilty and claimed to be tried.

5. At the trial, the prosecution had examined 13 witnesses and relied upon various documentary and material Exhibits. On conclusion of the evidence of the prosecution, the appellant had been examined under Section 313 of the Criminal Procedure Code when, the appellant claimed himself to be innocent and falsely implicated.

6. At the trial, prosecution contended that, the victim had been married to the brother of the appellant. At the time of the marriage, a sum of Rs. 6,000 and some gold ornaments had been given by the father of the victim as demanded by the husband of the victim and his family members. After marriage, the victim used to reside in her matrimonial house. Soon after marriage, the victim had been subjected to torture both physically and mentally by her husband and the appellant. Almost every night, appellant and the husband of the victim used to return home in a drunken condition and assaulted the victim at her matrimonial home. About one and half month prior to the incident, the victim had gone to her paternal house when she was pregnant and she disclosed the sufferings at the hands of the husband and the appellant to her father and other relatives. However, such family members of the victim had convinced her that everything will be set right at her matrimonial home once she gives birth to the child. On January 2, 2012 at about 5:30 hours, the father of the victim had received information that his daughter had been burnt alive. Then the father of the victim along with the relatives and neighbours went to the matrimonial home of the victim when they saw the victim to be lying at the footstep of the house with burn injuries all over her body. They brought the victim to the hospital. On the way to the hospital, the victim told her father that when she was asleep, her husband and the appellant poured kerosene oil upon her and that her husband lit her up with the matchstick. She had succumbed to the burn injuries subsequently.

7. Learned advocate appearing for the appellant has submitted that, the prosecution was unable to prove the charges against the appellant beyond reasonable doubt. He has submitted that, the case of the prosecution rested upon the alleged dying declaration allegedly made by the victim to the attending doctor being PW 12. He has submitted that, the