JUDGMENT :

Hitesh Kumar Sarma, J.

1. This appeal, under Section 374(2) of the Cr.P.C., is preferred against the judgment and order, dated 06-07-2015, passed by learned Sessions Judge, Barpeta, in Sessions Case No. 222 of 2011, convicting the accused-appellant, under Section 302 of the IPC, and sentencing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer Rigorous Imprisonment for three months.

2. The case for the prosecution, as unfolded during the trial, is that the deceased Dipali Malakar, the daughter of the informant Sri Subal Malakar (PW 1), was married to the accused-appellant, Kamal Arjya. On 03-02-2009, she was caught hold of by accused Bimal Arjya and Shyamal Arjya and accused Kamal Arjya, poured kerosene on her body and set her on fire resulting, ultimately, in her death within 1½ years of her marriage. It has also been unfolded that while the deceased was alive and under medical treatment at hospital, the FIR was lodged on 04-02-2009. The victim died subsequently, on 14-02-2009.

3. On receipt of the FIR, Barpeta Police Station registered a case being Barpeta Police Station Case No. 87/2009, under Section 498(A)/34 of the IPC, investigated into it and, finally, on completion of investigation, laid charge-sheet against the accused-appellant and two other accused persons, namely, Bimal Arjya and Shyamal Arjya for commission of offences under Sections 498(A)/304(B)/34 of the IPC.

4. The learned trial Court, initially framed a formal charge against the accused-appellant and the co-accused under Sections 498A/304(B)/34 of the IPC, and subsequently, charge under Section 302 of the IPC was also framed against them.

5. In this case, prosecution examined as many as 9 witnesses and the defence examined none. In his statement, recorded under Section 313 Cr.P.C., the accused-appellant denied the accusation to be false and had also taken the plea of alibi. On completion of the trial, the learned trial Court convicted the accused-appellant under Section 302 of the IPC and sentenced him, as indicated above, and acquitted the remaining accused persons.

6. We have examined the record of the learned trial Court including the impugned judgment and order. Also heard arguments advanced by Mr. P.D. Nair, learned counsel appearing on behalf of accused-appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

7. PW 1, Sri Subal Malakar, is the father of the victim. According to him, the victim was married to the accused-appellant about 3 years back (on the date of recording his evidence) and since after the marriage, the accused-appellant and his other two brothers, namely, Bimal Arjya and Shyamal Arjya, (who were also accused in this case), subjected her to physical and mental torture demanding dowry and such fact was brought to the notice of this witness by the victim whenever she visited her parental home. It has also come out from his evidence that while the victim was carrying 8 months' pregnancy, on 03-02-2009, at about 7.30 pm, the accused persons Bimal Arjya and Shyamal Arjya caught hold of the victim and the accused-appellant poured kerosene on her body and set her on fire. Hearing hue and cry, he went to the house of the accused persons, situated close to his house, and found that the accused persons Bimal Arjya and Shyamal Arjya caught hold of the victim and the accused-appellant poured kerosene on her and set her on fire and noticing his presence there, they fled away from the scene of occurrence. He tried to douse the fire which engulfed the victim with the help of his wearing clothes although, in the meantime, she was completely burnt. She was immediately shifted to Barpeta Civil Hospital and from there she was taken to Gauhati Medical College and Hospital (GMCH). She died after three days as a result of the burn injuries. He has categorically stated that while the victim was alive and was in a position to speak, her statement was recorded at hospital by a police offic