(1.) Heard Mr.NNB Choudhury, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. Public Prosecutor for the State respondent and Mr. R. Boruah, learned counsel appearing for the informant.
(2.) This is an appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (Cr.PC) for setting aside the Judgment dtd. 26/7/2023 and the subsequent Order dtd. 27/7/2023 passed by the learned Addl. Session Judge (FTC) Barpeta in Sessions Case No. 184/2021 (Arising out of GR Case No. 3519/2020) and Sarthebari PS Case No. 279/2020 convicting the appellant under Ss. 306/304B of Indian Penal Code (IPC) and sentencing him to undergo Rigorous Imprisonment for 10 years under Sec. 304B of the IPC and to undergo RI for 10 years and to pay fine of Rs.10,000.00 (Rupees Ten Thousand) only, in default, of payment of fine to undergo SI for another period of 6 months under Sec. 306 of IPC.
(3.) The case of the prosecution is that on 6/8/2020, the Police received information that the deceased is found hanging in the house of the accused and accordingly registered Unnatural Death Case (UD Case) vide No. 23/2020 and visited the place of occurrence and got the inquest over the dead body. Subsequently, PW-1 lodged an FIR on 6/8/2020 alleging inter alia that the accused alongwith his father and mother have been torturing his daughter (deceased) both physically and mentally by demanding dowry after few days of their marriage. It is further alleged that after receiving dowry, the accused did not stop torturing the deceased, for which the deceased ultimately left the house of the accused and started staying with the informant. It is further alleged that after assurance given by the alleged husband not to torture the deceased, the informant left the deceased in the house of the accused on 3/8/2020 and on 4/8/2020 at about 8:00/8:30 in the night, the deceased called the informant and told him that the accused threatened to kill her. It is further alleged that on 5/8/2020 at 5:45/5:50 AM, the father of the accused informed the informant that his daughter expired. It is further alleged that after going to the house of the accused, the informant found the deceased hanging in their bed room. Accordingly, a case was registered under Ss. 302/34 of the IPC.
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