PUTUL CHUTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by the convict Putul Chutia is directed against the judgment and order dated 3.11.98 passed by the learned Sessions Judge, Lakhimpur in Sections Case No. 69 (NL)/97. Whereby the appellant was convicted under Section 302 IPC and sentenced to imprisonment for life and pay a fine of Rs. 500/- in default imprisonment for one month. According to the prosecution case, the appellant Putul Chutia married Queen Saikia sometime in the year 1995 and thereafter they lived as husband and wife. They were working couple. The wife was serving in a Minor Irrigation Department and the husband was serving as a Clerk in a College. The couple was blessed with a son sometime in the month of July, 1996 and within 2 months of the said birth of the child the present incident took place leading to the death of a young good looking wife of the appellant.

(2.) The factual matrix as unfolded by the evidence on record shows that on 11th September, 1996 after taking their dinner, the couple retired to their bed room. They were living in a joint family and the father, mother and sister of the appellant were staying in other rooms. At night, the other family members heard certain shouting coming out from the room of the appellant. They also heard the deceased shouting for help. The family members knocked at the door which was locked from inside. Thereafter, the door was opened by the accused and they saw the deceased in flames. She was removed to the nearby hospital at Boginodi where the Doctor showed his inability to treat the patient and considering the seriousness of the burning injury. The deceased was removed to North Lakhimpur Civil Hospital. The father of the appellant lodged an information at the police station stating that his daughter -in-law has tried to commit suicide by pouring Kerosine on her body and set her self on fire. The family members of the deceased were informed and they rushed to the hospital. The young wife suffered pangs for about 24 hours and succumbed to her injuries on the night of 12.9.96. The father of the deceased lodged written FIR on the next day of the incident starting inter alia, that her daughter has been burnt to death by her husband by pouring Kerosine oil and set her ablaze. In the FIR it was stated that the deceased made oral dying declaration before them that her husband Putul Chutia wrapped her body with Sari and tied her hands and legs and thereafter poured Kerosine oil and set fire on her body.

(3.) Police, after usual investigation submitted charge-sheet against the appellant husband. The trial court framed charge under Section 302 IPC. During trial prosecution examined, as many as, 8 witnesses including the Doctor. The defence did not adduce any evidence. The defence plea is of complete denial. On conclusion of the trial the appellant was convicted and sentenced as aforesaid. Hence the present appeal.