The importance of corroborated evidence and the need for a dying declaration to be recorded by a Magistrate or a doctor in criminal cases.

JUDGMENT :

1. This criminal appeal (Jail) has been registered on the basis of an appeal petition filed by the appellant , namely, Sanjib Murah @ Lodha through the Superintendent, District Jail, Tinsukia, where he has been presently lodged, impugning the judgment dated 08.03.2019 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 128(T)/2016 whereby the present appellant was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand) and in default of payment of fine to undergo further imprisonment for six months.

2. The facts relevant for consideration of this jail appeal, in brief, are as follows:-

(i) That on 21.05.2015, one Kailash Urang lodged an FIR (First Information Report) before the Officer-in-Charge of Tinsukia Police Station, inter alia, stating that his sister, namely, Rita Mura was married to the present appellant about three years prior to the lodging of the FIR and out of the said wedlock one girl child was also born who was aged about 2½ years at the time of lodging of the FIR. It was alleged in the FIR that after the marriage, the appellant used to physically and mentally torture the sister of the first informant which she was tolerating for the sake of saving her marriage. However, on 15.04.2015, the appellant poured kerosene oil on the sister of the first informant and set her ablaze. On hearing hue and cry, some neighbours gathered there and rescued her and sent her to Dibrugarh for treatment. On receipt of the said FIR, Tinsukia P.S. Case No. 679/2015 was registered under Section 498(A)/326/307 of the Indian Penal Code. However, thereafter on 26.06.2015, the sister of the first informant succumbed to her injuries and by order dated 07.08.2015, Section 304B of the Indian Penal Code was added to this case.

(ii) After completion of the investigation, the charge-sheet was laid against the appellant, namely, Sanjib Murah @ Lodha under Section 304B of the Indian Penal Code. Though, the charge-sheet was laid under Section 304B of the Indian Penal Code, however, by order dated 16.09.2026, the learned Sessions Judge, Tinsukia after going through the materials on record and after hearing both the sides, framed charge under Section 302 of the Indian Penal Code against the present appellant. When the charge was read over and explained to the present appellant, he pleaded not guilty to the same and claimed to be tried. The appellant faced the trial remaining on bail.

(iii) During the trial, the prosecution side examined as many as ten prosecution witnesses. The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973 during which he denied the truthfulness of the testimony of the prosecution witnesses and pleaded his innocence. The appellant also examined himself as defence witnesses No. 1 in support of his case. However, by the judgment which has been impugned in this appeal, the learned Sessions Judge, Tinsukia convicted and sentenced the present appellant in the manner as described in paragraph No. 2 hereinbefore.

3. We have already heard Mr. K. Goswami, learned Amicus Curiae for the appellant as well as Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam. We have also gone through the written argument submitted by Ms. A. Neog, learned counsel who had assisted the learned Amicus Curiae as well as by the Additional Public Prosecutor, Assam.

4. Before considering the submissions of learned counsel for both the sides, let us go through the evidence which is available on record.

5. PW-1, Dr. Biswajit Saikia, who had conducted the post-mortem examination on the dead body of Rita Murah, has deposed that on 26.06.2015, he was working as Medical & Health Officer No. 1 at Tinsukia Civil Hospital and on that day he conducted the post-mortem examination on the dead body of Rita Murah, 30 years female in connection with Tinsukia P.S. Case No. 679/2015. The de