Conviction under IPC Section 307 requires demonstrating intent and overt act; familial relationships of witnesses do not inherently discredit their testimony.

1. This appeal is directed against judgment dated 9-8-2004 passed by 1st Additional Sessions Judge, Rajnandgaon in Sessions Trial No. 26/2002. By the impugned judgment, accused / appellant Ajay has been convicted under S.307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 3,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 1 year and co - accused persons Vinay Kumar, Smt. Rama Bhattacharya, Vilas alias Debu and Kumari Gauri have been acquitted of the charges framed against them.

2. Case of the prosecution, in brief, is as under :
Marriage of Smt. Shikha Bhattacharya (PW - 4) was solemnized with the appellant on 26-6-2000. After the marriage, Smt. Shikha Bhattacharya (PW - 4) was residing with her husband (the appellant), father - in - law and mother - in - law in her matrimonial house. Acquitted co - accused Vinay Kumar is father - in - law, Smt. Rama Bhattacharya is mother - in - law, Vilas alias Debu is Dewar (brother - in - law) and Kumari Gauri is Nand (sister - in - law) of Smt. Shikha Bhattacharya (PW - 4). Sufficient dowry was given in the marriage by S. N. Goswami (PW - 2), (father of Smt. Shikha Bhattacharya). The appellant and acquitted co - accused persons ill - treated Smt. Shikha Bhattacharya (PW - 4) and caused severe mentally torture to her. Smt. Shikha Bhattacharya (PW - 4) narrated the incident to her brother and father. On 19-6-2001, Smt. Shikha Bhattacharya (PW - 4) prepared tea in the room. The appellant came there and poured kerosene on her and set her on fire. The appellant took Smt. Shikha Bhattacharya (PW - 4) to Community Health Centre, Dongargarh. Dr. A. K. Tamrakar (PW - 7) examined her and gave his report (Ex. P - 12), in which, he found that Smt. Shikha Bhattacharya (PW - 4) had sustained burn injuries about 60%. He referred her to Jawaharlal Nehru Hospital, Sector 9, Bhilai for further treatment. Dr. Mamta Sikoria (PW - 11) admitted Smt. Shikha Bhattacharya (PW - 4) in Jawaharlal Nehru Hospital, gave treatment to her and gave her report (Ex. P - 16). S. N. Goswami (PW - 2) made written complaint (Ex. P - 7) to the Superintendent of Police, Rajanandgaon. S. R. Diwan (PW - 14) investigated the matter and sent his report (Ex. P - 21) to the S. P. Rajnandgaon and thereafter regular First Information Report (Ex. P - 22) was recorded in Police Station Dongargarh. In further investigation, Exts. P - 2 to P - 6, i.e., case memo were seized vide Ex. P - 1. Pieces of burnt saree, blouse and stove were seized from the place of occurrence vide Ex. P - 9. Bed Head Ticket was also seized vide Ex. P - 15. Godrej Almirah, dressing table, Gadda and Thali etc. were also seized vide Ex. P - 19. Spot map (Ex. P - 18) was also prepared.
After completion of the investigation, charge - sheet was filed against the appellant and acquitted co - accused persons in the Court of Additional Chief Judicial Magistrate, Dongargarh, who, in turn, committed the case to the Court of Session, Rajnandgaon, from where, it was received on transfer by 1st Additional Sessions Judge, Rajnandgaon, who, conducted the trial and convicted and sentenced the appellant as mentioned above and acquitted the co - accused persons. Learned 1st Additional Sessions Judge framed charges of offence under S.498 - A and 307, IPC against the appellant and under S.498 - A, IPC against the acquitted co - accused persons. The appellant and the acquitted co - accused persons have been acquitted of charges under S.498 - A, IPC. The appellant has been convicted under S.307, IPC and sentenced as mentioned above.

3. Shri. Sunil Sahu, learned counsel for the appellant argued that S. N. Goswami (PW - 2) is father, Smt. Le