GIRIN BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.03.2010 passed by the learned Addl. Sessions Judge (FTC), Sivasagar, in Sessions Case No. 54(S-C)/2008, convicting the accused/appellant Girin Baruah (hereinafter referred to as accused person) of offence under Sections 302/436 of the IPC and sentencing him to suffer imprisonment for life and to pay a fine a Rs. 5,000/-, in default to undergo RI for another 6 months for offence under Section 302 of the IPC and also sentencing him to suffer imprisonment for 10 years and to pay fine of Rs. 3,000/-, in default to undergo RI for another 3 months for offence under Section 436 of the IPC. Being aggrieved by and dissatisfied with the aforesaid judgment, the accused-appellant has preferred this appeal from jail citing several infirmities in the judgment under challenge.

(2.) The brief facts necessary for disposal of the present appeal, in short, are that on 20.01.2008 one Kanai Chanda lodged an FIR with Officer-in-Charge, Sonari Police Station, alleging that on 19.01.2008 at about 8.15 P.M., one Girin Baruah put his house on fire and also killed his wife, namely, Rupamoni Burahohain, inside his house.

(3.) On receipt of the FIR, police registered a case and ordered to investigate the case. In due course, the Investigating Officer visited the place of occurrence, conducted an inquest on the dead body with the help of Executive Magistrate, sent the same to hospital for postmortem examination, did other needful and on completion of the investigation, he submitted charge-sheet under Sections 302/436 of the IPC against the accused person and forwarded him to the Court to stand trial.