CHANDAN DEB NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant herein stands convicted under Sections 498A and 304(B) I.P.C., by judgment and order, dated 30.11.2009, passed, in Sessions Case No. 89(N)/2008, by the learned Additional Sessions Judge (FTC), Sankardevnagar, Hojai, and sentenced to undergo, for his conviction under Section 304B IPC, imprisonment for life with fine of Rs. 10,000/- and, in default of payment of fine, to suffer rigorous imprisonment for a period of one year and also to undergo, for his conviction, under Section 498A IPC, rigorous imprisonment for three years and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for three months, both the sentences having been directed to run concurrently. The case of the prosecution may, in brief, be described thus:

(2.) The accused pleaded not guilty to the charge framed against him under Section 304B I.P.C. and claimed to be tried.

(3.) The prosecution, in order to establish its case, examined 11 witnesses. The accused, in his statement, recorded under Section 313 Cr.P.C., denied the allegations levelled against him and pleaded that he was innocent. The defence case was that the victim died accidentally by catching fire, from an open kerosene lamp inside the latrine. No evidence was adduced by the defence.