MRIGEN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Bora, learned senior counsel assisted by Mr. N.J. Choudhury, learned counsel appearing on behalf of the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the respondent no.1. None has appeared for the respondent no.2 despite service of notice.

(2.) This appeal is directed against the judgement and order dated 07/03/2017 passed by the learned Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 207(DM)/2011, whereby, the sole appellant has been convicted under Section 302 of the IPC for committing murder of his wife Pampi Deka and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5000/- with default clause.

(3.) The prosecution case, as unfolded during the trial, is that the deceased Pampi Deka was married to the accused Mrigen Deka and after marriage, they were living together in a rented house. On 04/07/2011, at about 12 noon Smt. Jogeswari Deka i.e. the mother of the deceased received information from her son-in-law Mrigen Deka through phone that her daughter Pampi Deka has suffered burn injury. Pampi Deka was thereafter rushed to the Mangaldoi Civil hospital in a 108 Ambulence in a 'half burnt' naked condition and there-after to the GMCH but later on she expired on 05/07/2011. On 08/07/2011 Smt. Jogeswari Deka lodged a FIR with the Office-in-charge, Mangaldoi Sadar Police Station reporting the incident. In the FIR, the informant has mentioned that her son-in- law had informed the doctor of GMCH that the incident had taken place due to 'Gas Cylinder blast' but he had informed the informant that the victim had set herself on fire after pouring kerosene on her person. Due to the above discrepancy, the informant suspects that her son-in-law Mirgen Deka had set her daughter ablaze after pouring kerosene on her persons and she also suspects that some other person might be involved in the incident along with the accused no.1.