JUDGMENT :

SUMAN SHYAM, J.

1. Heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Mr. A. Ahmed, learned counsel for the appellant. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State/respondent No. 1. None has appeared for the respondent No. 2.

2. By the judgment and order dated 11-12-2020 passed by the learned Sessions Judge, Bongaigaon in connection with Sessions Case No. 17(BGN)/2017 the sole appellant was convicted under Section 302 read with Section 498(A) of the IPC. For the offence committed under section 302 IPC, the appellant was sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/- in default, to suffer simple imprisonment for 3 (three) months. For the offence committed under section 498-A IPC, the appellant was sentenced to undergo imprisonment for 2 (two) years and to pay fine of Rs. 2,000/- with default stipulation.

3. On 24-12-2016, an FIR was lodged by Sri. Guddu Ali, the younger brother of the victim, informing the Officer-in-Charge of the North Bongaigaon Police Station that the appellant/ accused No. 1 had got married with his elder sister viz. Musstt. Mamata Khatun (victim) about three months back. Since the time of her marriage the accused person has been torturing his sister physically and mentally, demanding properties. On 19-12-2016, at about 02:00 a.m. the accused No. 1, with the assistance of accused No. 2, had poured kerosene oil on the body of the victim and set her on fire with the intention of killing her. At present the victim was undergoing medical treatment in a critical condition in the Lower Assam Hospital. In the ejahar dated 24-12-2016, the appellant Md. Hafizur Rahman was shown as accused No. 1 whereas Md. Saifor Ali was named as the accused No. 2.

4. On receipt of the ejahar, North Bongaigaon PP GDE No. 614 dated 24-12-2016 was made and the ejahar was forwarded to the Officer-in-Charge of the Bongaigaon Police Station for registering a case. Based on the ejahar dated 24-12-2016, Bongaigaon P.S. Case No. 822/2016 was registered under Sections 498(A)/307 of the IPC and Assistant Sub-Inspector Police (ASI), Siba Prasad Kalita was entrusted with the responsibility of carrying out investigation. Two days thereafter, i.e. on 26-12-2016, the victim died in the hospital, as a result of which, Section 302 of the IPC was added. Upon completion of investigation, charge-sheet was submitted by the police against the appellant Hafijur, i.e. the husband of the victim, under Section 302 read with Section 498(A) of the IPC. However, the co-accused Safiur Ali was not sent up for trial due to want of evidence against him. The case was then committed for trial by the Session Judge. The learned trial court had framed charges against the appellant/accused under Sections 302/498(A) of the IPC. The charges so framed, were read over and explained to the accused, to which, he had pleaded not guilty and claimed to be tried. As such, the matter went up for trial.

5. During trial, the prosecution had examined as many as 14 witnesses. Md. Sofiur Ali i.e. the accused No. 2 named in the ejahar, was examined as a Court Witness (CW-1). The IO (PW-13) had recorded the statement of the victim in the hospital which was treated as her dying declaration. After recording the evidence of the prosecution side, statement of the accused was recorded under Section 313 Cr.P.C. In his statement u/s 313 the accused, while denying the incriminating circumstances put to him, had further stated that he was not present in his house when Mamata had caught fire. He was in the nearby house of his sister. Hearing the ‘hulla’ he came and saw Mamata was on fire. He doused the fire and took her to the hospital. As he ran out of money, a case was instituted against him and he was arrested.

6. Upon analyzing the evidence available on record including the dying declaration of the victim, the learned trial court had convicted the appellant under Sections 302/498(A) of the IPC and sentenc