Balurghat, Feb. 22: Jannatur Bibi (35), who was allegedly set on fire by her in-laws on February 5, succumbed to the burn injuries in the South Dinajpur district hospital today without anyone recording her statement.

Following the incident, the victim’s mother, Nurjahan Bewa, had lodged an FIR with the Kumarganj police accusing her in-laws of trying to kill Jannatur. She had not implicated Jannatur’s husband Wasidul Mondol in the crime.

Although police picked up Jannatur’s brother-in-law, Ekramul Sarkar, three of the accused are still absconding.

Nurjahan now plans to approach the state human rights commission to complain about the alleged slackness shown by the administration. “The accused will not be punished since no one has turned up to record her statement,” she said.

According to sources, a letter requisitioning a magistrate to record Jannatur’s dying declaration was sent to subdivisional officer Krishna Mardi after the FIR had been lodged.

When asked, Mardi said there was no hard and fast rule that provided that only a magistrate could record a victim’s statement. She explained that there were times when magistrates were not easily available to record a victim’s last statement.

“In Jannatur’s case, we had informed the police superintendent and the chief medical officer,” Mardi said. She added that the district administration had in November 2006 issued an order enabling police and medical officers to record victims’ statement.

Police superintendent Kalyan Kumar Mullick said a dying declaration recorded by the police or a medical officer would not be acceptable in the court of law, and that was why they had asked for a magistrate.

A Supreme Court directive says a dying statement recorded only by a magistrate or a doctor is acceptable.