(1.) THIS appeal from jail is directed against the judgment of conviction dated 13.12.2013, passed by the learned Sessions Judge, Barpeta in Sessions Case No.110.2009, convicting the accused/appellant u/s 304(B) of the IPC and sentenced him to undergo imprisonment for life.
(2.) BARPETA Road P.S Case No.166/2005 was registered u/s 304(B) of the IPC on the basis of the FIR that was lodged on 18.08.2005 by the PW -1. As alleged in the FIR, the accused/appellant had killed the deceased (wife) and her baby in a planned manner setting them at fire after pouring kerosene on her bed. The FIR also alleged the torture on the deceased on demand of dowry. The police carried out investigation and in due course submitted charge -sheet.
(3.) WE have heard Mr. A. Bora, learned Amicus Curie and Mr. D. Das, learned Additional Public Prosecutor, Assam. Mr. Bora, learned Amicus Curie has fairly submitted that on the basis of the evidence on record, it cannot be said to be case of acquittal. Referring to the evidence on record, Mr. D. Das, learned Additional Public Prosecutor, Assam submits that there is no material warranting any interference in respect of the impugned judgment of conviction.