So far as the appellant herein is companycerned, the High Court has referred to the evidence of Dilip Kumar Sarkar PW 4 , husband of the deceased Laxmi Rani, that he admitted her in the hospital and the High Court held that it was a case of suicide.
Having regard to the evidence of PW 1, father of the deceased Laxmi Rani and the dying declaration recorded by the Executive Magistrate PW 9 , the offence would fall under Section 302 I.P.C.In the dying declaration recorded by the Executive Magistrate PW 9 , the deceased Laxmi Rani has clearly submitted about the overt act of the appellant pouring kerosene and setting her on fire.
Laxmi Rani was admitted to hospital and later on she succumbed to her injuries.
Briefly stated the case of the prosecution is that the victim Laxmi Rani was married to Dilip Kumar Sarkar son of the appellant at the young age.
However, the High Court held that because of torture by the appellant i.e. father in law, it must be held that the appellant has abetted the suicide and on those findings the High Court companyvicted the appellant under Section 306 I.P.C. and sentenced him to undergo imprisonment for five years as aforesaid.
On 10th October, 1986 at 10.00 a.m. father in law appellant herein and mother in law of the deceased Laxmi Rani are said to have quarrelled with the deceased Laxmi Rani and assaulted her due to which Laxmi Rani was about to return to her parents house but at that time the appellant forcibly took her inside the house, poured kerosene on her and set her on fire.
Further case of the prosecution is Signature Not Verified that the appellant, father in law of the deceased was harassing Digitally signed by MAHABIR SINGH Date 2018.10.08 164129 IST Reason her and that her husband is number working and she has to bring money from her parents.
An FIR was initially registered under Sections 326, 307 and 498 A P.C. which was subsequently altered to Section 302 read with Section 34 I.P.C. Upon companysideration of the evidence and the dying declaration of the deceased Laxmi Rani and also dying declaration recorded by the Executive Magistrate PW 9 , the Trial Court held that the dying declaration is true and voluntary and accordingly companyvicted both, the appellant herein and the second accused, namely, mother in law of the deceased Laxmi Rani under Section 302 I.P.C. read with Section 34 I.P.C. However, they were acquitted of the charges under Section 498 A P.C. In appeal, the second accused, mother in law of the deceased Laxmi Rani, was acquitted on the ground that there was numberevidence and the prosecution has number proved her guilt.
BANUMATHI, J. This appeal arises out of the companyviction of the appellant, father in law of the deceased Laxmi Rani under Section 306 P.C. and sentencing him to undergo rigorous imprisonment for five years.
