MANOJ SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel far the appellants and the learned Public Prosecutor.

(2.) This appeal is directed against the judgment and order dated 9.3.2002 passed by the Ad-hoc Additional Sessions Judge, Bongaigaon in Session Case No. 10(B)/2000.

(3.) This is a case of death of a young house-wife who has fallen prey at the altar of dowry demands. The victim Pratima was married ten the accused appellant Niranjan Saha sometime in the year 1992 and thereafter she lived with her husband, sister-in-law and brother-in-laws in ajoint family. It is alleged that the young wife was subjected to harassment as regards the articles given in dowry and as regards some further articles to be given. On the fateful day of 7.7.94 at about 9 P.M., while Pratima was in her room the accused appellant Bina Saha poured kerosene over her and the accused Monoj Saha, the brother-in-law set her on fire by lighting matchstick. Pratima sustained severe burn injuries and she was removed to the hospital by the neighbours. Police was also informed and the dying declaration was recorded by Executive Magistrate. Pratima succumbed to the injuries at the hospital. On FIR being lodged, police registered the case and after usual investigation submitted charge sheet against the four accused appellants. During trial, prosecution examined as many as 10 witnesses and on conclusion, the trial court convicted the accused appellants under Section 304 (B) IPC and sentenced each of them to rigorous imprisonment for seven years and hence the present appeal.