DIGANTA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant, herein, is the husband of the deceased. She had married the deceased only about 3/4 months prior to the incident. At the relevant time, the couple was staying in a rented house owned by PW-5. They had entered in the rented house just one day prior to the date of the incident. On 16.06.2001 at about 09:30 pm both the appellant and his wife were in the rented house and suddenly the deceased caught fire. She was taken to different hospitals but she did not survive.

(2.) The FIR was lodged on the next day by the brother of the deceased stating about the death of his sister due to burn injuries. At the same time, it was mentioned in the FIR that the accused was maintaining illicit relationship with another girl. This FIR was registered as Jorhat PS Case No. 234 of 2001, under Sec. 306 of the India Penal Code, 1860 (hereinafter, in short, 'IPC). After the charge sheet and trial the appellant was once convicted under Sec. 306 Penal Code vide judgment passed in this case by the same Court. The judgment of conviction was challenged by way of filing Criminal Appeal (J) No. 100 of 2006. The said appeal was decided on 28.02.2008 and the case was remanded back to the trial Court after denovo trial. On the basis of the earlier order, the witnesses were examined afresh and the impugned judgment has been passed convicting the appellant under Sec. 302 IPC.

(3.) The accused has been convicted under Sec. 302 Penal Code on various incriminating circumstances. According to the learned Sessions Judge, at the relevant time the appellant was the only companion with his wife in the house and he did not make any serious effort to douse the fire. The learned Sessions Judge has also taken note of the fact that one empty jarican of kerosene oil and match box were also found in the room of the deceased. Besides this, the accused was also maintaining extra-marital relationship with another woman. On the basis of these circumstances, the judgment of conviction has been recorded. Being aggrieved with the conviction, the accused has preferred this appeal.