JUDGMENT :

Rajasekhar Mantha, J.

1. The subject appeal is directed against the judgment of conviction dated October 8, 2015 and the order of sentence dated October 9, 2015 respectively, passed by the Additional Sessions Judge, Dinhata, in Sessions Trial No. 12(01)/2015 arising out of Sessions Case No. 30(D)/2014. The appellant was convicted for the offence under section 302 of Indian Penal Code and was sentenced to life imprisonment and to pay a fine of Rs 2,000. In default thereof, to suffer a simple imprisonment for 2 months.

THE PROSECUTION CASE AND THE EVIDENCE ON RECORD

1. PW 1 was the father of the victim. He lodged the complaint dated September 1, 2011, with Dinhata PS, Cooch Behar. The complaint was scribed by PW 8. PW 1 stated that in 2007 his daughter got married to the appellant. At the time of marriage, he paid Rs 18,000 and other gift items to the appellant and in-laws of the victim.

2. PW 1 stated in the said complaint that from inception of the marriage, the appellant and family tortured the victim upon failure of the latter to bring a further sum of Rs 10, 000 from her paternal home. In 2009, a girl child was born from the wedlock of the appellant and victim. PW 1 stated the torture of the appellant and his parents upon the victim increased after birth of the said girl child.

3. PW 1 mentioned in the said complaint that the victim was not provided food at her matrimonial home and she was starving thereat. The appellant and family used to provoke her to commit suicide. On August 30, 2011, at around 3 p.m. the appellant and family set the victim on fire after pouring kerosene oil on her. They locked the door from the outside.

4. Upon hearing hue and cry of the victim, the neighbors entered the house and unlocked the door of the room where the victim was locked. Thereafter, the victim is stated to have run and dived into a pond situated near the PO. The said neighbors took the victim to Dinhata Hospital on August 31st, 2011. The victim therefore was taken to the said Hospital one day after the said incident. PW 1 reached the hospital and heard the entire incident from the victim, and lodged the said complaint after two days that is on August 1st September, 2011.

5. PW 25, Dr.Subrata Haldar was the postmortem doctor. He deposed that it cannot be stated that whether the burn injuries on the person of the victim were homicidal or suicidal.

6. Investigation was completed and charge sheet was filed against 4 accused persons. Charges were framed on January 29th, 2015 against them under Sections 498A , 304B and 302 of the IPC.

7. PW 1 was Rafique Mia, the defacto complainant father of the victim. He has deposed that the victim told him at the Dinhata SD hospital that she suffered burn injuries while cooking in the kitchen in her matrimonial house. He was declared hostile by the prosecution. He denied having stated in the complaint and statement before the IO that the victim was tortured by the appellant with dowry demands. He also denied the prosecution suggestion, that the appellant induced the victim to commit suicide. He also denied that the accused poured kerosene over the victim and set her on fire at 3 PM on 31st July 2011.

8. PW 1 further denied having stated in the complaint that when the victim was screaming in pain the neighbors opened the door and the victim ran out of the house and jumped into a pond when the fire on the victim was doused.

9. In cross-examination by the defense, PW 1 deposed that the relations between his daughter and the appellant was warm. The victim studied up to class VII -VIII. The appellant and his brother lived separately. To the Court, he answered that his daughter told him 7-8 days after the incident that she was burnt while cooking. He further stated to Court that he did not tell the same to the police.

10. PW-2 was Nur Hussain brother of the victim. He was declared hostile after he stated that the victim died out of burn injuries sustained while cooking. His sister had a happy conjugal life. He