UMESH SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The prosecution story reminds me what Shakespeare, long ago, said through Miranda in Tempest.

(2.) A young married woman in her early twenties was found dead inside her bedroom suspended from ceiling fan by her 'chadar'. Her husband Sri Umesh Sarma informed the Sipajhar Police Station that in the evening, at around 7.30 p.m. of 30.9.2005, his wife Sanjumoni Devi committed suicide by hanging. On receipt of the said information, police registered U.D. Case No. 20/05 dated 30.9.2005, conducted inquest on the dead body and sent the dead body to Mangaldoi Civil Hospital for post mortem examination. On 4.10.2005, Chitra Ranjan Sarmah, brother of the deceased, lodged written Ejahar with the said police station alleging that his younger sister Sanjubala Devi @ Sabita, who was married to accused Umesh Sarma about one and a half year ago, immediately after marriage, has been subjected to physical and mental torture by accused Umesh Sarma, his mother and relative Hareswar Sarmah and in the evening of 29.9.2005, at about 6 p.m., he came to know that as a result of such torture, his sister Sanjubala committed suicide by hanging. On the basis of the said information, a police case being Sipajhar P.S. Case No. 161/2005 was registered under Sections 304B/34, IPC. The police, thereafter, started investigation and during the course of investigation, examined some witnesses, recorded their statements and also collected the S.C.D., inquest report and post mortem report. On completion of the investigation, charge sheet was submitted against the accused persons, namely, Umesh Sarma, Hareswar Sarmah and Smt. Jayanti Devi, under Section 304B, IPC. The case was committed to the Court of Sessions and charges under Section 304B/34/ 306, IPC were framed against the accused persons. The charges being read over and explained to them, the accused persons pleaded not guilty and demanded trial.

(3.) Heard Mr. J.M. Choudhury, learned senior counsel, assisted by Mr. B.M. Choudury and Ms. K. Borah, learned Counsel, for the accused appellants. I have also heard Mr. B.B. Gogoi, learned Additional. Public Prosecutor for the State of Assam.