BHARAT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.3.1990 passed by the learned Sessions Judge, Jorhat in Case No. 98(J-J)/89 convicting the appellant under section 302 of IPC and sentencing him thereunder to undergo imprisonment for life and to pay a fine of Rs. 2,000/- in default to undergo R.I. for a further period of one year.

(2.) We have heard Mr. T.J. Mahanta, the learned counsel appearing on behalf of the appellant and Mr. A. Ahmed, the learned Public Prosecutor, on behalf of the State of Assam.

(3.) To appreciate the comtentions canvassed at the bar by learned counsel for the parties the facts relevant for the purpose may succinctly be summarised as follows: - Deceased Smti Bulu Das who was married to the appellant was living with her husband in the house of her husband and out of the wed-lock two children were also born. But on 14-2-1989 at about 8 p.m. some neighbours rushed to the house of the appellant on hearing the cries raised by his wife namely the deceased and as they went to that house they found the appella nt seated in his room white his wife was burnt. The neighbours who rushed to the scene of occurrence at once tried to extinguish the fire from the body of the victim and she was removed to the Jorhat Civil Hospital where she succumbed to the injuries on receipt of the information that their daughter, the deceased was suffering from burn injuries her parents, namely, Bapuram Das and Smti Guno Das rushed to the Jorhat Civil Hospital and on seeing the bum injuries on the person of their daughter in the hospital they asked how it happened. In reply Smti Bulu Das; the victim, told it was the accused-appellant Who after tying up her hands by rape poured kerosene oil and then set fire. In the meantime the Medical Officer who attended the patient sent report to the O/C, Jorhat Police Station who on receipt of the information from the medical Officer registered an unnatural death case being U.D. Case No. 15/1989 dated 15.2.89 and started investigation.