PAKHINDRA BEZBARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Majahan, learned counsel for the appellant. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State.

(2.) By the impugned judgment dtd. 16/6/2016, passed by the learned Sessions Judge, Nalbari in Sessions Case No. 13/2013, the sole appellant was convicted under Sec. 302/304-B/498-A of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000.00 for committing offence punishable under Sec. 302 IPC. The accused was sentenced to undergo rigorous imprisonment for 07 years for committing offence under Sec. 304-B of the IPC and to undergo simple imprisonment for 02 years and to pay fine of Rs.1,000.00 for committing offence under Sec. 498-A IPC. Aggrieved thereby, the present appeal has been filed.

(3.) The prosecution case, in a nutshell, is that the accused person had demanded dowry and tortured the victim. Eventually, they had committed the murder of the victim and thereafter hanged the dead body from a beam in the ceiling. On 31/8/2010, Smti. Purnima Bezbaruah, i.e. the mother of the victim had lodged an ejahar with the Officerin- Charge, Nalbari Police Station informing him about the incident. In the said FIR five persons including the present appellant and his close relatives had been shown as the accused persons. On the basis of the ejahar dt. 31/8/2010, Nalbari Police Station Case No. 422/2010 was registered under Sec. 304-B of the IPC and the matter was taken up for investigation. On completion of the investigation, the Investigating Officer (I/O) had submitted charge-sheet under Sec. 498-A/ 306 IPC against all the five accused persons. Since the charge brought against the accused persons was triable by the court of Sessions Judge, hence, the case was committed to the court of learned Sessions Judge, Nalbari. Upon going through the materials on record, charge under Sec. 498-A/304-B/302/34 IPC was framed against all the five persons, viz. 1. Sri Pakhindra Bezbaruah (appellant), 2. Sri Dinesh Bezbaruah, 3. Sri Dhireswar Bezba-ruah, 4. Sri Mohan Das and 5. Smti. Khiroda Bezbaruah. The accused persons had pleaded not guilty and claimed to be tried. As such, the matter went for trial.