REKMAN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Kalita, learned Amicus Curiae for the accused-appellant and Mr. B. J.Dutta, learned Addl. Public Prosecutor for the State.

(2.) This appeal from Jail is directed against the Judgment and Order dated 9.6.2017 passed by the learned Sessions Judge, Lakhimpur at North Lakhimpur in Sessions Case No.148(NL)/2016. The accused-appellant was accused and charged of uxoricide and by the Judgment and Order dated 9.6.2017, the accused-appellant has been convicted under Section 302, Indian Penal Code ("IPC", in short) and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees five thousand) only, in default, to suffer further rigorous imprisonment for 6 (six) months.

(3.) The prosecution was set in motion by an Ejahar dated 17.05.2016 lodged by one Sri Prahlad Garh (P.W.-2), the elder brother of the deceased, before the Officer In-Charge, Boginadi Police Station alleging, inter-alia, that on 10.05.2016, his brother-in-law i.e. the accused-appellant taking advantage of absence of any other person at home, closed the door of his house, tied the hands of his wife, Anita Garh i.e. the deceased, put clothes over herand set fire to her after pouring kerosene oil on her. In the meantime, the informant's niece, aged about 7 (seven) years, returned from school and upon hearing hue and cry from inside their house, she started shouting and crying. Then, the neighbours came there and whenthey broke open the door, they found Anita Garh in a burnt state and the accused-appellant intact whereupon the neighbours rescued both of them. Later, 108 Ambulance service was called and Anita Garh was taken to Saboti Civil Hospital where she underwent treatment. But the deceased breathed her last on 12.05.2016. The informant had further alleged that the accused-appellant had assaulted his younger sister on earlier occasions also. Before setting fire to his wife, the accused-appellant did not allow his wife to have meals for 4 (four) days and tortured her physically. The informant also named Sri Harilal Garh, Sri Gambhit Garh, SriBhaiti Garh and Sri Babu Garh in the Eiahar as persons who would substantiate the fact of murder.