Rumi Kumari Phukan, J.

1. "You have to take care of a child and also to attend household work" is the version of husband towards his wife, who requested for little accommodation from her husband. The present case depict a sad end of a love story of an woman who eloped with her loved one and married him and after birth of a child, said person refusing to extend helping hand to his wife has rebuked her as above.

The victim Manisha eloped with her loved one (accused petitioner) leaving aside all her family and curtailing all relations she married him. Out of their married life one child also born who was 2 years at the time of occurrence. On the day of occurrence on 20.6.05 victim asked her husband to accommodate her by holding the child, so that she can attend household work, but refusing the same he stated as above, which yield the end result of commission of suicide by wife. The brother of the victim lodged FIR against accused Ashim Das with allegation that his sister committed suicide for the intolerable cruelty inflicted upon her by her husband. On receipt of the ejahar Raha P.S. Case No. 58 of 2005 U/S 498(A)/306 IPC was registered and took up the case for investigation. On completion of investigation, police submitted the charge sheet against accused Ashim Das U/S 498(A)/306 IPC.

The case being exclusively triable by the Court of Sessions, the Judicial Magistrate, committed the case to the Court of Sessions at Nagaon. The accused person duly appeared before the Court and faced the trial and after hearing both sides charges U/S 498(A)/306 IPC framed and explained to accused to which he pleaded not guilty and claimed to be tried.

2. The prosecution examined 10 witnesses and defence examined one. On closing of prosecution case the statement of accused person was recorded U/S 313 CrPC. The plea of defence was of total denial At the conclusion of the trial, the accused person was convicted U/S 306 IPC sentenced him S.I. for three years and pay fine of Rs. 3000/- in default S.I. for one month.

3. Being aggrieved and dissatisfied with the aforesaid judgment and order present appeal has been preferred on the grounds that impugned judgment and order is bad in law as the learned trial Court failed to appreciate the evidence on records and the law involved in true perspective. The learned trial Court has given much stress upon the dying declaration of the victim which is not proper in the given circumstances.

4. Be it mentioned that though in the cause list it was directed that no adjournment would be granted in the hearing of old pending cases but non-appeared for and on behalf of the appellant to conduct the haring. The matter being relating to old pending of 2009, same is taken up accordingly by this Court

5. Heard the submissions of learned Addl. P.P. Mr. M. Goswami, for and on behalf of the State, who has made a fir submission that save and except the dying declaration, no other clinching evidence on the point of torture and abetment, and now Court can appreciate the matter on record.

6. I have carefully examined the matters on record and let us discuss the relevant evidence accordingly.

'Evidence on record'

7. P.W. 1 Sri Deb Lal Das, the informant of the case stated that deceased Monisha Das was his own sister and she got married with accused Ashim Das three years back. Since the day of her marriage the accused and his mother tortured physically and mentally to his sister/victim. P.W. 1 said that on the day of occurrence being intolerable harassment caused by her husband, Monisha Das killed herself by setting fire. Hearing hue and cry from the house of accused, he along with his mother rushed there and found his sister lying in their courtyard in a serious burning condition. Immediately she was admitted to Nagaon Civil Hospital where doctor advised to shift her to Guwahati Medical College, but on her way to Guwahati she died at Jagiroad. PW 1 handed over the dead body of his sister to the family members of accused and filed eja