MD. MAKSHUD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present challenge has been preferred against an order of conviction under Ss. 308 and 34 of the Indian Penal Code (IPC) and consequential sentence.

(2.) Learned Amicus Curiae submits that the Trial Court proceeded primarily on the basis of a purported Dying Declaration (DD) of the victim which was vitiated by several factors. It is contended that the DD does not contain any allegation regarding the other charges initially levelled against the accused persons, that is, demand of dowry and torture on the victim.

(3.) Moreover, the Doctor who conducted post-mortem examination of the victim was not examined, nor was the post-mortem report exhibited. That apart, there was lack of proximity of the date of death of the victim from the date of incident alleged, of setting fire on the person of the victim. Without expert evidence, it is submitted, the expiry of the victim cannot be directly connected with the alleged incident of setting fire.