DULEN HATI BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms P Bhattacharya, learned counsel for the appellant, Sri Dulen Hati Baruah and Ms S H Bora, learned Additional Public Prosecutor for the State of Assam.

(2.) This appeal is directed against the Judgment and Order dtd. 21/12/2011, passed by the learned Additional Sessions Judge (FTC), Lakhimpur at North Lakhimpur, in connection with Sessions Case No. 80(NL)/2011, arising out of GR Case No. 572/2011, convicting the appellant under Sec. 498(A) of the Indian Penal Code, 1860 ('IPC', for short), to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000.00, with default stipulation. The appellant will hereinafter be referred to as the accused.

(3.) The genesis of the case was that on 5/5/2011, at about 10:00 pm, the accused set ablaze his wife Bornali Baruah by dousing her with kerosene. The victim Bornali Baruah (also referred to as the deceased or the victim) was immediately shifted to the North Lakhimpur Civil Hospital, but she succumbed to the burns sustained by her. While the victim was undergoing treatment, her mother Smt Munu Baruah lodged an FIR and GD Entry No. 167 dtd. 10/5/2011 was registered and the FIR was forwarded to North Lakhimpur Police Station and registered as NLPS Case No. 231/2011, under Sec. 498 (A) IPC.