LAWS(GAU)-2010-11-17

BARODA NATH Vs. STATE OF ASSAM

Decided On November 04, 2010
SHRI BARODA NATH Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The Appellant herein stands convicted under Section 306 of the Indian Penal Code vide impugned Judgment dated 06.05.2008 passed by the Learned Additional Sessions Judge (FTC) ,Kamrup, Guwahati in Sessions Case No. 198(K) of 2006 under Section 306/ 34 of the Indian Penal Code (IPC) . After convicting the appellant, he has been sentenced to undergo rigorous imprisonment for 5 (five) years and also to pay fine of Rs. 500/- with default stipulation of further rigorous imprisonment for 6 (six) months.

(2.) Heard Mr. B K Mahajan, learned Counsel for the appellant. Also heard Mr. Z Kamar learned P.P. for the State of Assam. I have also gone through the impugned Judgment and evidence on record proffered by prosecution as well as the accused in the Trial Court.

(3.) Apparently, the record reveals that the marriage of the deceased with the appellant took place on 04.03.1998 and the deceased committed suicide on 10.09.2000 i.e. within a period of 2 = years. In view of the unnatural death of the deceased, her father lodged an FIR that was registered as Palashbari Police Station Case No. 113 of 2000 under Section 306 of the IPC. After investigation chargesheet was submitted against the husband and in-laws . However, after the trial the in-laws have been acquitted and the husband has been convicted as noted earlier.