DIPAK DAS ALIAS BAIDYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.M. Choudhury, learned counsel appearing for the appellant as amicus curiae and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the respondent.

(2.) This appeal is directed against the judgment dated 3.3.2005 rendered by the learned Sessions Judge, Karimganj in Sessions Case No. 51/ 2002 convicting the appellant under section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 10,000 in default to further simple imprisonment for 2 years.

(3.) The story projected by the prosecution is that the appellant, Dipak Das @ Baidya Das married Anita Das six years before the date of occurrence. Since their marriage, the accused used to demand dowry and torture her physically. She had been tolerating the torture. The appellant on 3.5.2002 asked Anita Das to bring Rs. 5,000 from her parents and when she refused to do so, the appellant poured kerosene on her body and set fire. Hearing her cry, the informant with his wife and some neighbours came to appellant's house, broke open the door and rescued Anita. She was removed to district civil hospital. FIR was lodged by Anita's father with the Officer In-charge, Karimganj Police Station on 18.5.2002, which was registered as Karimganj P.S. Case No. 166/2002 under section 498A, IPC. During investigation, Anita succumbed to her injuries in hospital. On completion of investigation, charge sheet was laid on 8.7.2002 and the case was committed to the Court of Sessions, Karimganj. The learned trial court framed charge under section 498A/304B, IPC against the appellant which was read over and explained to the appellant, who pleaded not guilty and claimed to be tried. The prosecution examined as many as 13 witnesses including the Investigating Officer and Medical Officers. After the closure of prosecution evidence, the appellant was examined and his statements were recorded under section 313, Cr.PC. In the impugned judgment, the learned trial court observed/noted that: