KAMAL BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.M Choudhury, learned counsel for the appellant. Also heard Mr. D Das, learned Addl. PP, Assam.

(2.) The present appeal is directed against the judgment and order dtd. 21/1/2012 passed by the learned Additional Sessions Judge, Jorhat in Sessions case No.80(J-J)/2005, convicting the accused appellant for offence under Sec. 307 IPC and sentencing him to suffer simple imprisonment for 5 (five) years and further directed to pay compensation of Rs.20,000.00 to be given to the victim and in default of payment of compensation to undergo further SI for another 6 months.

(3.) The prosecution case, in a nutshell is that the younger brother of the informant (the victim) had been residing in a rented house of accused appellant Kamal Baruah. On the previous night of the lodging of the FIR, the son of the accused informed him that the younger brother of the informant has been lying in their bathroom in an injured condition. On being informed, the informant rushed to the accused person's house and found that the said house is crowded by police officials and neighboring people. The informant further alleged that he also noticed the police personal shifting the injured lifting him in a vehicle to Civil Hospital, Jorhat. He saw the injured was shouting in pain and noticed burn injures on different parts of his body. He also scented smell of kerosene oil from the body of his injured brother. According to the informant as narrated in the FIR that the victim brother had informed the informant that accused Kamal Baruah had poured kerosene oil on his body and set him ablaze. He further narrated in the FIR that he found the right hand of Joy Hazarika being tied with one plastic rope of red colour that got attached with the burnt portion.