JATIL BARDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I.H. Saikia, learned Amicus Curiae, appearing for the appellant. Also Heard Ms. S. Jahan, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. This appeal is directed against the judgment and order, dated 5.3.2014, passed by the learned Sessions Judge, Morigaon in Sessions Case No. 22/2012, under Section 302 of the Indian Penal Code (for short IPC), whereby the learned Sessions Judge, while convicting the accused-appellant for the offence under Section 302 IPC sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs. 10,000/- in default, suffer rigorous imprisonment for another period of 1(one) year.

(2.) The prosecution case, in brief, is that Sangita Kathar, (hereinafter called the deceased) had eloped with the appellant and they lived as husband and wife. After about 5(five) days of her said elopement i.e. on 13.10.2011, at about 6.00 a.m., the dead body of the deceased, bearing burn injury, was found in the bamboo garden, near the house of the appellant.

(3.) Smti Mamoni Kathar (PW-1), who is the maternal aunt of the deceased, lodged the FIR (Ext. No. 4) with the Officer-in-Charge of the Lahrighat Police Station on the same date and on receipt of the FIR, police registered a case under Section 302 IPC, being Lahrighat P.S. Case No. 132/2011 and launched investigation into the matter. During the investigation, police visited the place of occurrence, performed the inquest in respect of the dead body, and sent the same for post-mortem examination. The police also seized one empty bottle of kerosene oil and one empty bottle of liquor from the place of occurrence, vide seizure list (Ext. No. 1) dated 13.10.2011, in presence of witnesses and examined the witnesses.