GAUTAM SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In Sessions Case No. 96/2002 the Sessions Judge, Dhubri tried the three accused persons for alleged commission of offence under Section 498A/304B of the Indian Penal Code. During trial, prosecution examined as many as 12 witnesses and thereafter vide impugned judgment the trial court acquitted the accused Brajananda Saha and Bhavarami Saha and convicted and sentenced the present accused appellant Gautam Saha under Section 498A as well as under Section 304B IPC. Hence the present appeal.

(2.) This is a case of death of a young housewife Susmita Sana, She had a love affair with the present petitioner Gautam Saha and thereafter the couple eloped and got married at Bagribari Temple. While the couple was living together, the deceased committed suicide by hanging herself to a ceiling fan. There is oral evidence on record as regards the commission of suicide by Susmita Salt a the deceased and we also find that at the time of commission of the suicide the present appellant was not in the house as he was attending his duties. PW 8 is Dr. Nur Mehboob Ahmed who held the autopsy over the dead body and found as follows:

(3.) The trial court has recorded a finding that this is a case of death of Susmita Saha. Although there were certain defects in carrying out the investigation, these are immaterial as the death, as such has not been disputed or challenged. The moot question for determination is whether the accused appellant harassed the deceased as regards the demand for dowry and whether the accused committed cruelty on the deceased.