SATISH TELENGA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 ('CrPC', for short), is preferred against the Judgment and Order dt. 26/12/2018 and 27/12/2018, passed by the learned Sessions Judge in Sessions Case No. 49 (J-J))/2013, convicting Satish Telenga (hereinafter, referred to as the accused), under Sec. 304 Part-II of the Indian Penal Code, 1860 ('IPC' for short) and sentencing him to undergo Rigorous Imprisonment for 7 years and a fine of Rs.10,000.00 (Rupees Ten Thousand Only) with default stipulation.

(2.) The prosecution case as unfolded from the FIR is that Nomi Robidas (hereinafter, also referred to as 'the victim' or 'the deceased') got acquainted with the accused, who indulged in a relationship outside marriage with the deceased and used to visit her in her staff quarter. He induced the victim to such a relationship by promising to marry her and he also at times, used to stay with the victim in her staff quarter. The victim was blessed with a daughter. The child was 3 years old at the time of the incident. The victim informed her mother that the accused used to drink and gamble frequently and used to demand money from her and he also used to subject her to cruelty. On 26/1/2023, at about 02:00 pm, the accused doused the victim with kerosene and set her ablaze. The victim was taken for medical treatment, but she passed away on 7/2/2013. On learning about this incident from the neighbours, the victim's mother lodged an FIR, which was registered as Pulibor PS Case No. 83/2013, under Sec. 304-B IPC.

(3.) The Investigating Officer (IO, in short), embarked upon the investigation. He went to the place of occurrence and prepared the sketch map. He made preparations for inquest and forwarded the body for autopsy. He recorded the statements of witnesses. On finding prima facie materials against the accused, the IO submitted charge sheet against him under Sec. 304-B IPC. On appearance of the accused, copies were furnished and the case was committed for trial.