Judgment 1. This appeal is directed against the judgment 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 :- “At about 7-30 p.m. I poured about 1 litre kerosene oil and lit up fire by a match stick and set fire on my ‘chadar’. Thereafter, the fire engulfed my whole body. I did this as there was quarrel with him (between husband and wife) with a view to committing suicide.” 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. 4. Initially, on receipt of the information, G.D. entry No. 134/2003 was made and thereafter on receipt of formal FIR, the aforesaid P.S. Case was registered. The dead body was sent for post-mortem examination. She was badly burnt and was rushed to Catholic Mission Hospital for treatment. The victim died on the day of the incident at night. 4. Initially, on receipt of the information, G.D. entry No. 134/2003 was made and thereafter on receipt of formal FIR, the aforesaid P.S. Case was registered. The dead body was sent for post-mortem examination. On completion of the investigation, the I.O. submitted charge sheet under Section 306/340-B IPC. Formal charge was framed against the accused appellant under the aforesaid sections and on being read over and explained, the accused appellant pleaded not guilty and claimed to be tried. Accordingly, the trial commenced. 5. In support of the prosecution case, it examined 13 (thirteen) witnesses. Defence also examined 3 (three) witnesses as DW-1, DW-2 and DW-3. The statement of the accused was also recorded under Section 313 Cr.P.C. As discussed in the impugned judgment of conviction, none of the prosecution witnesses deposed anything against the accused appellant warranting his conviction under Section 498-A IPC. 6. PW-1, PW-2 and PW-3 stated in their depositions as to how they had arrived at the place of occurrence upon hearing hue and cry. PW-1 in her deposition also stated that both the deceased and the accused appellant had cordial relationship as husband and wife. PW-2 and PW-3 also stated the same thing. PW-3 stated about the seizure of one ‘Jerrycan’ and one ‘Chaki’ in her presence. Ext. 1 is the seizure list. 7. PW-4 is the father of the accused who in his deposition stated that since his son i.e. the accused appellant married a girl from Miri community, they had to undergo ‘Prayachitta’ ceremony and also arranged for separate living for them. He also arrived at the place of occurrence after hearing about the incident and could hear the victim saying that she has immolated herself. Though she was taken to the hospital but she died. Police went there along with the Magistrate and inquest was done. Ext. 2 is the Inquest report (a carbon copy). PW-4 put his signature in the inquest report. He further stated that his son i.e. the accused appellant also sustained burn injury in attempt to extinguish the fire. According to this witness also, although his son and daughter-in-law were living separately but they used to come to their house and they had a cordial relationship as husband and wife. 8. PW-4 put his signature in the inquest report. He further stated that his son i.e. the accused appellant also sustained burn injury in attempt to extinguish the fire. According to this witness also, although his son and daughter-in-law were living separately but they used to come to their house and they had a cordial relationship as husband and wife. 8. PW-5 in his deposition stated that on arrival at the place of occurrence he found accused pouring water and subsequently informed the matter to the police. She was also witness to the seizure of seizure list Ext.1. PW-6 is also a seizure witness. PW-7 is the V.D.P. President. He denied any knowledge about the incident. PW-8 is another seizure witness. 9. PW-9 is the doctor who had conducted the post mortem examination on the dead body of the deceased on 11/11/2003 and recorded the following finding :- “External Appearance: Stout, fishy smelling. Wound of venesection over the left ankle joint. Epidermal layer totally burnt over back, upper and lower limbs up to elbow joint. Face : Sporadic loss of epidermal by burn. Anterior chest of abdomen ; Sporadic loss of epidermal by burn. Hair : Hair over head spread by burn except temporal region (left) of size (1 x 1) inch area. Axillary and pubic hair totally burnt. ABDOMEN : Walls : Sporadic loss of epidermal by burnt. Peritoneum : Congested. Organs of generation, external and internal : Totally burnt. Liver : Blackish in colour. Spleen and kidney : NAD. Mouth, Pharynx, Oesophagus : Contains food materials. Small intestine and its contents : Empty. CRANIUM AND SPINAL CANAL : Scalp, skull, vertebrae : Hair burnt over left temporal region (1 x 1)” size. Membrane : NAD. Brain and spinal cord : NAD. THORAX Wall ribs and cartilages : Sporadic loss of epidermals. Ribs of cartilages : NAD. Pleurae : NAD. Laryax and trachere : Congested. Right lung and left lung : NAD. Pericardium : NAD. Heart : Contains clotted blood. Vessels : NAD. CONCLUSION: All the injuries are antemortem in nature. Face completely spread, except lower border of the skin. Sindur and bindi over the forehead and mid scalp within hairs seems to b fresh. Anterior chest wall and abdomen bears few lesions of burn of size (1 x 1) cm to (2 x 1) cm, whereas back side is totally burnt. CONCLUSION: All the injuries are antemortem in nature. Face completely spread, except lower border of the skin. Sindur and bindi over the forehead and mid scalp within hairs seems to b fresh. Anterior chest wall and abdomen bears few lesions of burn of size (1 x 1) cm to (2 x 1) cm, whereas back side is totally burnt. Hair : Over head spread except left temporal region (1 x 1)” size. OPINION : Death was due to severe dehydration as a result of 80% burn.” Ext. 9 is the post mortem report and Ext. 9(1) is his signature. 10. PW-10 is the father of the victim who had lodged the FIR, who in his deposition stated about the marriage of his daughter with the accused appellant. According to him, his daughter i.e. the deceased was tortured by the accused physically and mentally. During cross examination he disclosed that as he was poor, the accused appellant gave him two bundles of CI sheet with which he made the CI sheet roof of his house. It came in the cross examination that the accused also helped him in his business. He clearly stated that his daughter i.e. the victim never complained of any torture being meted out to her by the accused appellant. He also stated that there was no dowry demand from his son-in-law. When he reached the place of occurrence, he could not know anything from the neighbour about the cause of the incident. 11. PW-11 is witness from the side of the family of the deceased. According to her, the mother of the accused had informed that as a sequel to the quarrel with the accused appellant, deceased committed suicide. The deceased even told her that in the event of divorce by her husband she would take revenge by taking help of extremist. According to this witness she also expressed her determination that she would neither surrender nor commit suicide. During cross examination, she stated that the deceased and the accused appellant might have some family misunderstanding as both belonged to two separate communities. 12. PW-12 is the doctor of Catholic Mission Hospital who in his deposition stated that on 10/11/2003, the deceased was taken to the hospital with 90% burn injury. She was without normal fluency but was able to convey as to what had happened. 12. PW-12 is the doctor of Catholic Mission Hospital who in his deposition stated that on 10/11/2003, the deceased was taken to the hospital with 90% burn injury. She was without normal fluency but was able to convey as to what had happened. It is the PW-12 who had recorded her alleged dying declaration, quoted above (Ext.7). 13. PW-13 is the I.O., who in his deposition generally stated about the investigation that was carried out. 14. It is on the basis of the aforesaid evidence, the learned trial Court has convicted the accused appellant with the sentence as aforesaid. There is absolutely no manner of doubt that none of the witnesses implicated the accused appellant warranting his conviction under Section 498A IPC. However, the learned trial Court placing reliance on the alleged dying declaration of the deceased in reference to the evidence adduced by PW-11, has convicted the accused appellant. 15. Even in the evidence of PW-11, there is nothing to establish that the accused appellant had committed anything warranting his conviction under Section 498A IPC. On a plain reading of the alleged dying declaration of the victim, there is nothing to indicate that she committed suicide because she was subjected to cruelty by the accused appellant, rather she categorically stated that she indulged herself in the act of pouring kerosene oil and setting on fire her “Chadar”. It was only thereafter the fire engulfed her whole body. According to her, she did so because of the quarrel normally arises between the husband and the wife. This cannot lead to a situation in which it can be said that the ingredients warranting conviction of the accused appellant under Section 498-A IPC are present. There is nothing in the evidence to show the existence of any cruelty on the part of the accused appellant and/or any dowry demand forcing the deceased to commit suicide. 16. For all the aforesaid reasons, the impugned judgment of conviction stands interfered with. Consequently, the appeal is allowed. The accused appellant is already on bail in terms of the order passed on 07/02/2006 in M.C. No. 356/2006. Bail bond shall stand discharged. 17. Registry shall send down the case records to the learned Court below along with the copy of this judgment.