KESHOB BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment dated 12.6.2012 passed by the learned Sessions Judge, Jorhat in Sessions case No. 153(JJ) of 2008 is under challenge in this criminal appeal. By this impugned judgment the appellant has been convicted under Section 306 of the Indian Penal Code and he has been sentenced to undergo Rigorous Imprisonment for eight years and to pay fine of Rs. 20,000/- with default stipulation of further RI for six months. Being aggrieved by the conviction and sentence, the appellant has preferred this appeal.

(2.) HEARD Mr. AM Bora, learned counsel for the appellant and Mr. BJ Dutta, learned Addl. PP, Assam. Also perused the judgment and evidence on record.

(3.) THE informant has stated that he was reported that his sister had committed suicide by way of hanging. PW 3 is the Panchayat Secretary who has also deposed that she got the information that the deceased died due to hanging. In view of the autopsy findings and other evidence I hold that the deceased had committed suicide. However, there is no evidence on record that the accused had abated the said offence. In my considered opinion, physical and mental torture at regular intervals may be an offence under Section 498 (A) IPC but the offence does not fall under Section 306 IPC. Hence, the conviction of the appellant under Section 306 of the IPC is set aside.