ARUNJYOTI MALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Miss P. Talukdar, learned Amicus Curiae appearing for the appellant and Smti. B. Saikia, learned Addl. P.P., Assam.

(2.) THIS appeal is directed against the judgment and order dated 14.8.06 passed by the learned Sessions Judge, Sibsagar in Sessions Case No. 117/(S-S)/2004 convicting the appellant under Section 306 of the IPC to undergo RI for 5 years and to pay fine of Rs. 2,000/-, in default, RI for another 3 months.

(3.) PW-6, Dr. Tayabur Rahman was the Senior Medical and Health Officer in the Sibsagar Civil Hospital. He stated that on 4.6.2000 he was performing his duty and he recorded the dying declaration of the deceased Rita Mali. According to him the victim was hospitalized with 80% burn injury in the surgical ward. While the victim was at Sibsagar Civil Hospital she made dying declaration before him to the effect that her husband used to torture her both physically and mentally. Her husband was addicted to drinks and in the night of the occurrence (3.6.2000) her husband came home at about 11 p.m. and under the influence of liquor tortured her physically and mentally as usual. The torture given by her accused husband become intolerable and to get relief from the torture she poured kerosene oil on her body and set fire by herself. Ext. 3 is the dying declaration which was recorded by the Doctor PW-6 in presence of witness Rajib Bora, Anil Gogoi and Papul Phukan. After recording her statement and seeing her condition critical, the said Doctor referred her to Assam Medical College Hospital at Dibrugarh for better treatment but on way she expired. The Ext. 3, dying declaration, was made by the deceased in her own language i.e. in Assamese and it was recorded in English by him (the Doctor). P.W.-7 Shri Sukmal Gogoi is the Investigating Officer. He visited the place of occurrence i.e. the rented house of the accused appellant at 1.30 a.m. of 4.6.2000 after receiving information over phone from one Sankar Basumatary and as directed by the duty officer i.e. S.I. of Police Shri S. Gogoi, S.I. of Police of Sibsagar P.S. He could come to know that the accused appellant Arunjyoti Mali and neighbouring people had taken the deceased to hospital in injured condition to Sharma Nursing Home, Sibsagar. Thereafter in order to inspect the place of occurrence during the day time he looked into the room and took the accused with him. Then he proceeded to Assam Nursing Home in order to take note of the condition of the deceased. On going there he found Rita Mali in serious condition and she was still alive. He requested the Doctor of Sharma Nursing Home to render treatment and to record the dying declaration. Accordingly the Doctor recorded the dying declaration of the deceased which is exhibited as Ext. 6 which bears the signature of Doctor Sharma. Thereafter the deceased was taken to Sibsagar Civil Hospital and there also he requested the Doctor to record her dying declaration. The dying declaration was recorded by Doctor T. Rahman, Medical and Health Officer of the said Civil Hospital, Sibsagar which is exhibited as Ext. 3. When the condition of the deceased was worsen she was shifted to Assam Medical College Hospital, Dibrugarh. But she expired before reaching the said Assam Medical College Hospital, Dibrugarh.