BISWAJIT SARMA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction dated 12/12/2005 of the learned Additional Sessions Judge (Ad-hoc), First Track Court, Biswanath Chariali, district Sonitpur in Sessions Case No. 97/2004, by which the accused appellant has been convicted under Section 498A IPC with the sentence of R.I. for 2 (two) years and also with a fine of Rs. 500/- and in default further R.I. for one month. The conviction of the accused appellant, as such, is primarily on the basis of the alleged dying declaration of the deceased recorded on 10/11/2003 at 11-30 P.M. (Ext.7), which reads as follows :-

(2.) Referring to the evidence adduced by the prosecution, Mr. S.C. Biswas, learned counsel appearing for the appellant submits that there being absolutely no evidence towards convicting the accused appellant, the learned trial Court committed manifest terror of law as well as of fact in convicting the accused appellant. According to him, the above quoted purported dying declaration of the deceased cannot constitute an offence under Section 498A IPC. Mr. B.B. Gogoi, learned Additional PP, Assam, however, submits that if the dying declaration of the deceased is tested in reference to the depositions of some of the PWs, it would clearly establish the offence punishable under Section 498 A IPC.

(3.) On the basis of the FIR lodged by Krishna Pahadi (father of the victim girl), Helem Police Station case No. 56/2003 was registered under Section 302/304B IPC, which was subsequently registered as GR Case No. 528/2003. The story narrated in the FIR was that the victim, who was the wife of the accused appellant, set her on fire by pouring kerosene oil and attempted to commit suicide. She was badly burnt and was rushed to Catholic Mission Hospital for treatment. The victim died on the day of the incident at night.