THANESWAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 9.6.2008, passed by the learned Session Judge, Dhemaji, in Sessions case No. 17(DH)2007 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him thereby to undergo imprisonment for life with a fine of Rs. 1,000/- in default, further rigorous imprisonment of 3 (three) months has been challenged in this appeal. Herein, prosecution case, in brief, is that the deceased Ranjula Dutta was wife of the accused/appellant. The marriage between accused and the deceased was solemnized in the year 2005.

(2.) On 06.06.2006, at about 3.00 am while the deceased Ranjula Dutta was lying asleep on her bed, the accused/appellant dragged her from the bed poured kerosene oil and set her on fire. Hearing the hue and cry, the neighboured came to the house of the accused and the victim was shifted to Civil Hospital at Dhemaji.

(3.) Dimbeswar Dutta (PW 1) brother of the deceased lodged the FIR on the very date of occurrence i.e. on 06.06.2006. On the basis of the FIR, Dhemaji PS Case No. 142/2006 under Section 307 /326 IPC was registered.