NIRANJAN MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal has been preferred against conviction of the appellant under Section 304-B IPC for which he has been sentenced to undergo imprisonment for life.

(2.) THE appellant allegedly kidnapped the deceased Fulbala Mandal. However, with the intervention of the family members the appellant married her about two years preceding the date of occurrence i.e. 03.04.2000. On 03.04.2000 at about 9.00 A.M. dead body of Fulbala Mandal was noticed near a bamboo bush of Sutradol village. Jatin Biswas (PW 1), brother of the deceased, learnt about the dead body of his sister being near a bamboo bush. He went to the Police Station and lodged F.I.R. at about 3.15 P.M. Babul Bora (PW 10), Sub-Inspector of the Police Station, Jagiroad, was entrusted the investigation of the case. He visited the place of occurrence and performed inquest and thereafter forwarded the dead body for post mortem examination. He arrested the accused. As a result of post mortem, it was found that the cause of death could not be ascertained pending FSL examination of the viscera. Ext-3 is the FSL report which shows positive tests for organochlorine pesticide in the viscera from which it could be inferred that the death was on account of poison. After investigation, the accused was sent up for trial.

(3.) IN his statement under Section 313 Cr.P.C. the accused/appellant denied the prosecution allegation and pleaded innocence.