RAJU SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Bijita Sarma, learned Amicus Curiae for the appellant and Mr. M.P. Goswami, learned Addl. Public Prosecutor for the State.

(2.) This jail appeal is directed against the judgment and order passed by the learned Sessions Judge, Jorhat in Sessions Case No.19(J-J)/2013, whereby the learned Sessions Judge convicted the appellant u/s 306 IPC and sentenced him to rigorous imprisonment for 7 (seven) years with fine of Rs. 20,000/- (Rupees twenty thousand) in default to rigorous imprisonment for 3 (three) months.

(3.) As per prosecution case, the victim Maina Bora Saikia was married to the accused/appellant Raju Saikia on 19-01-2013. The accused/appellant without any reason picked up quarrel with his wife (the victim) and set her ablaze. Immediately she was shifted to hospital, where she succumbed to the injuries. An FIR was lodged on 21-01-2013 by the mother of the victim, on the basis of which, police registered Titabor P.S. Case 11/2013 u/s 302 IPC. During the course of investigation, inquest was done by Executive Magistrate A. Amin and Dr. Tapan Das conducted autopsy on the body of the deceased. The autopsy doctor found the burn injuries all over the body of the victim except the scalp, both ears, left shoulder perineum and both feet dermo-epidermal in depth with presence of charring of skin at places. There was a line of redness present at the junction of burn and healthy skin. In the opinion of the autopsy doctor, cause of death was due to shock as a result of flame burn injuries sustained, which were ante-mortem and covering 90% of total surface area of the body. Death was within 24 to 36 hrs before the post-mortem examination.