KALYAN BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Dhar, learned Amicus Curiae for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor for the State.

(2.) This appeal has been preferred against the judgment dtd. 20/5/2019 passed by the Court of the Sessions Judge, Bongaigaon in Sessions Case No. 120(BGN)/2015, by which the appellant has been convicted under Sec. 302 IPC and 498(A) IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000.00, in default, to undergo further imprisonment for 6 (six) months for the offence under Sec. 302 IPC and to undergo rigorous imprisonment for 3 (three) years with a fine of Rs.1,000.00, in default further imprisonment of 1 (one) month under Sec. 498(A) IPC, on the ground that the appellant had killed his wife by pouring kerosene over her and setting her on fire.

(3.) The Prosecution case in brief is that an FIR dtd. 3/4/2010 was submitted by Prosecution Witness No.4 (PW-4), who is the mother of the deceased victim and mother-in-law of the appellant at 10:30 p.m. The FIR is to the effect that the appellant used to torture the deceased demanding dowry. It further states that on 2/4/2010, PW-4 came to learn that the appellant had demanded Rs.10,000.00 in cash from the deceased. As the deceased refused to give money to the appellant, the appellant poured kerosene on her body and set her on fire at around 2 p.m, with an intention to kill her. The FIR further states that the deceased was undergoing treatment at Dangtol Railway Hospital and that PW-4 was thinking of taking her to a nursing home in Coochbehar for better treatment. In pursuance to the FIR, Bongaigaon P.P. GDE No.59 dtd. 3/4/2010 and Bongaigon P.S. Case No.136/2010 under Sec. 498(A) IPC was registered.