MANJIL BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY means of this appeal, the accused appellant has assailed the judgement of conviction dated 23/11/2005 of the learned Additional Sessions Judge (Adhoc), Hojai at Sankardev Nagar, passed in Sessions Case No. 106(N)05. By the said judgement, the accused appellant has been convicted under Section 306/34 IPC with the sentence to undergo R.I. for 3 (three) years and also to pay a fine of Rs. 5000/ - and in default to undergo S.I. for another 60 (sixty) days.

(2.) AT the very outset, the learned counsel for the parties submits that in view of acquittal of the co -accused persons, namely, Kankan Bora and Smt. Bina Bora, the learned trial Court could not have convicted the accused appellant under Section 306 IPC in reference to Section 34 IPC.

(3.) THE prosecution story in brief is that on 11/11/2003 at night, the victim i.e. the deceased committed suicide in the house of the husband i.e. the accused appellant in suspicious circumstances. As per the FIR, the family member of her husband did not like her and deprived her what she deserved as daughter -in -law. As per the FIR, accused appellant used to assault her taking wine. It was alleged that as a result of unbearable physical and mental torture, she committed suicide.