UTTAM SUTRADHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Bhattacharya, learned Legal Aid counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam.

(2.) This appeal has been preferred by the accused appellant from jail against the judgment and order dtd. 24/5/2019 passed by the learned Sessions Judge, Barpeta in Sessions Case No. 128/2014 whereby the accused appellant was convicted and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.20,000.00 in default of payment of fine, to undergo simple imprisonment for six months under Sec. 304 B IPC.

(3.) The brief facts of the case is that the informant, who is the brother of the deceased lodged an FIR on 9/4/2009 before the officer in-charge, Barpeta road police station stating inter alia that it has been more than seven years since the marriage of his younger sister Lakhi Saha (Sutradhar) with the appellant Uttam Kumar Sutradhar, the appellant used to torture his sister in various ways by demanding dowry articles since their marriage. On 8/4/2009, at about 9.30 pm, the appellant along with his family members poured kerosene oil on his younger sister and set fire to her inside the room of the appellant and locked the door from outside. Having heard the scream of his sister, someone entered the room by breaking the wall and rescued his sister and took her to Barpeta Road Civil Hospital. Then, she was referred to Gauhati Medical College Hospital and she was brought to GMCH in critical condition and she died on the next morning i.e. on 9/4/2009.