KRISHNA CHETRY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, under Section 374(2) of the Cr.P.C., is preferred against the judgment and order, dated 01-09-2016, passed by learned Sessions Judge, Tinsukia, in Sessions Case No. 140(T) of 2014, convicting the accused-appellant, under Sections 302 of the IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for a period of six month.

(2.) The fact of the case as stated in the FIR as well as unfolded during the trial is that the deceased Manju Chetry was the daughter of the informant (PW2), Smti. Monomaya Chetry and the accused-appellant is her son-in-law. On 30-05-2011, the accused-appellant, i.e., the son-in-law of the informant informed her, over phone, that in the night of 29-05- 2011, her daughter, Manju Chetry died due to burst of stove while she was cooking food. The informant earlier came to know that the deceased was subjected to mental and physical torture by her husband, the accused-appellant. The further fact is that the accused-appellant had told her that the victim died due to bursting of stove while the mother of the accused-appellant told her that the victim committed suicide by pouring kerosene on her and sustained burn injuries.

(3.) On receipt of the FIR on the above facts, Tinsukia Police Station registered a case, being Tinsukia Police Station Case No. 336/2011, under Section 302 of the IPC and investigated into it. On completion of investigation, charge-sheet against the accusedappellant was laid for the offence punishable under Section 302 of the IPC.