SUNIL TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Gupta, learned amicus curiae appearing for the appellant. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing on behalf of the State.

(2.) This appeal is directed against the judgment dtd. 30/4/2019 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 35/2018 whereby, the sole appellant was convicted under Sec. 302 IPC for committing the murder of his wife Naina Patnaik and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.1,000.00 with default stipulation.

(3.) The prosecution case, in a nutshell, is that on 20/10/2017, at around 04:00 p.m. the accused had poured kerosene upon his wife Naina and set her on fire with the intention to kill her. The victim had sustained 70% burn injury and after 6/7 days, she succumbed to her injuries while receiving treatment in the hospital. On 20/10/2017, Sri Satya Patnaik, i.e. the father of the victim had lodged an ejahar before the Officer-in-Charge (O/C), Chabua Police Station reporting the incident with a request to investigate the matter. In the said ejahar, it was mentioned that the accused had been torturing the victim in various ways after a few days of their marriage and at around 04:30 p.m. on 20/10/2017, following a quarrel between them, the accused had poured kerosene on the person of his wife Naina and set her ablaze. Having learnt about the incident, they immediately took Naina to Kharjan T.E. Hospital but the Doctor referred her to the Assam Medical College and Hospital, Dibrugarh as she had sustained grievous injuries. Naina was taken to the hospital in a critical condition.