DRUPADI DEORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.9.2000 passed by the Additional Sessions Judge, Dibrugarh in Sessions. Case No. 13 of 1997 convicting the accused Appellants u/s 304-B, IPC and sentencing the accused Appellant Sri Ramesh Deora to suffer imprisonment for life and sentencing the accused Appellant Smti. Drupadi Deora to suffer rigorous imprisonment for seven years.

(2.) Heard Mr. J.M. Choudhury, learned counsel for the Appellants and Mrs. K. Deka, learned P.P., Assam assisted by Mr. K. Agarwal, learned counsel for the Respondent.

(3.) Brief facts of the case are as follows: This is a case of tragic death of arouse wife Kabita Devi Deora who sustained burn injuries on 15.2.94 at about 11-30 A.M. at her in-law's place. The occurrence took place at a time when her cousin sister's marriage was being solemnised at a nearby place. The neighbours of the deceased informed the matter to the brother of Kabita and the victim was removed to Nursing Home at about 4 P.M. The young house wife fought the battle for survival till 2.2.94 when she breathed her last. The brother of the deceased lodged a written FIR (Ext.2) before Dibrugarh Police Station stating interalia that prior to the occurrence, his sister was harassed by the Appellants for demand of dowry and after the occurrence when the infonnant talked with Kabita in the Nursing Home she stated that both her husband and mother-in-law pushed her in the bath-room, mother-in-law poured kerosene oil upon her and her husband set her on fire with kerosene-light (Dhibri) and when she was caught fire, they opened the door of the bath-room and started shouting. After the committal of the case, the learned Addl. Sessions Judge framed separate charges u/s 304-BIPC against the husband Ramesh Deora and mother-in-law Smti. Drupadi Deora. During trial prosecution examined as many as 14 PWs. On conclusion of the trial, the learned Addl. Sessions Judge, Dibrugarh convicted the accused appellants as stated above and hence this appeal.