BABUL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.5.97 passed by the learned Sessions Judge, Darrang whereby the appellant Sri Babul Das on conviction U/s 302 of the Indian Penal Code was sentenced to rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default, to rigorous imprisonment for two months for the offence of causing the death of his wife Rita Das.

(2.) An ejahar to the above effect was lodged by Kara Kanta Das, father of the deceased Rita Das, on 5.12.1990 before the Officer-in-Charge, Mangaldoi Police Station. The information disclosed in the FIR precisely shows that the informant was reported by Nagen Das, younger brother of late Rita's husband, at 8.00 PM on 1.12.90 that Rita had sustained burn injuries following the bursting of a lighted stove and was taken to Mangaldoi Civil Hospital for treatment. The informant's wife, Smt Maina Bala Das along with two sons and a daughter immediately rushed to Mangaldoi where they found Rita in a semiconscious state. Being asked by the mother, Rita disclosed that following a quarrel, her husband Babul Das had poured kerosene oil upon her and set her on fire. On the following day i.e. 2.12.90 at about 5.00 AM Rita succumbed to the injuries. It is further mentioned in the FIR that Rita did not commit suicide and she often took shelter to her paternal house being unable to bear the atrocities perpetuated by her husband. Before 20 days from the date of occurrence, she went to her husband's house. It is further mentioned in the FIR that neither Police was informed about the occurrence nor post mortem examination was performed on the dead body of Rita. 4

(3.) The Police registered a case and on completion thereof, submitted chargesheet against the appellant u/s 302 of the Indian Penal Code.