The court underscored the reliability of dying declarations corroborated by medical testimony, reinforcing their evidentiary value in homicide convictions.

JUDGMENT :

RAJASEKHAR MANTHA, J.

1. The subject appeals are directed against the judgment and order of conviction dated 27th February, 2017 and sentence dated 28^th February, 2017 passed by the learned Additional Sessions Judge, Chandannagore in Sessions Trial No. 61/2014 arising out of the Sessions Case No. 41/2014.

2. The appellant in the instant appeal was convicted under Section 302 of the Indian Penal Code.

THE PROSECUTION CASE:

3. The prosecution case in brief is that the victim, who was the daughter-in-law of the appellant, married to her son, Sk. Maidul Islam. Within four months of marriage, the victim is stated to have informed PW-1, Sk. Badruddoza, her father, that her in-laws demanded additional cash of Rs. 1 lakh as part of dowry which was not given. Admittedly, the victim’s father at the time of marriage gave several articles including steel almirah, bedding, drawing table including gold chain, ear rings, tiara and gold ring to the husband of the victim.

4. Upon failure of the victim to crop up the cash of Rs. 1 lakh, repeated torture was inflicted by her in-laws primarily including the appellant, father-in-law, brothers-in-law and sister-in-law. The husband of the victim was working in Uttar Pradesh most of the time. The torture increased when the husband came to live in his home town with wife and family. The victim often informed her father over the telephone of the torture and her inability to bear the same.

5. As many as nine persons of the family of the in-laws of the victim were named in the complaint after the incident. On the fateful day, i.e., 5th July, 2012 around 3.00 p.m. when the victim was lying on the cot of a mattress in the ground floor of the house to her in-laws, it is alleged by the complainant PW-1 that several of her in-laws poured kerosene on the victim and set her on fire. The PW-1, victim’s father was informed over the telephone by the father-in-law of the victim that his daughter was burning in fire. He and his two brothers, namely, PW-2, Sk. Altab Hossain and PW-3, Sk. Bani Isriel, rushed to the house of the victim and found her lying in a burnt condition on the floor. The victim is stated to have cried out to her father to save her and also asked for water.

6. Upon PW-1 enquiring from the in-laws of the victim as to why she was not taken to a hospital, there was no answer forthcoming. PW Nos. 1, 2 and 3 thereafter rushed the victim to Haripal Rural Hospital. In the said hospital, the victim is stated to have informed the treating doctor PW-13, Ram Krishna Mukherjee, in the presence of five witnesses that her mother-in- law poured kerosene on her and set her on fire. At the relevant point of time, the victim stated that her husband was sleeping in an upper floor of the house.

7. The statement was made before PW-13 and was signed by PW-1 and PW-2. The latter also deposed that the said statement recorded in the bed head ticket at Haripal Rural Hospital, was signed by Haimanti Kar, Dipali Adak and Jyotsna Desmuk, were nurses. The said statement was also witnessed by Group-D staff, namely, Anima Chakraborty and Maya Hela.

8. Considering the precarious condition of the victim, the Haripal Rural Hospital directed her to be referred to Chinsurah Sadar Hospital. At that Chinsurah Sadar Hospital, the initial Medical Officer recommended administering of a pain killer called “Diazepam.” She was thereafter treated by PW- 20, Dr. Prakash Chandra Samanta. Before the said doctor Samanta, in the presence of a staff nurse called Mrs.