KANDARPA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant has been convicted under section 498(A) and 306 of the IPC by the learned Sessions Judge at Morigaon in Sessions case No. 30/2007 and sentenced to undergo rigorous imprisonment for two years with a fine of Rs. 500/- and in default to further rigorous imprisonment for fifteen days more for commission of offence under Section 498A IPC Appellant has also been concomitantly sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 2,000/- and in default to further rigorous imprisonment for three months more for commission of offence under Section 306 of the IPC. The FIR filed by one Manidip Bhagawati reveals that soon after marriage of his sister Itimalati Bhagawati with the appellant she was regularly physically and mentally tortured by the latter and lastly on the morning hours of 5.8.06 he was informed by one Dilip Delta over phone that his sister was doused with kerosene by the appellant and she was burnt to death.

(2.) On the basis of the ejahar, Laharighat police registered a case, initiated an investigation and on conclusion of the investigation, submitted the charge sheet under Section 302 of the IPC against the appellant.

(3.) Being it exclusively triable by the court of sessions, the case was committed for trial and the learned Sessions Judge framed formal charge under Section 302 /306 of the IPC against the appellant. When the charge was read out and explained to the appellant, the latter pleaded innocent and demanded a trial.