SAHADEV THOMAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard Mr. I.H. Saikia, learned Counsel as Amicus Curiae for the appellant and Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam, for the respondent State of Assam.

(2.) The present appeal is preferred by the accused appellant (who is in jail) against the judgment and order dated 24.02.2015 passed in Sessions Case No. 154(T)/2013 under Sec. 302 IPC passed by learned Sessions Judge, Tinsukia whereby the accused appellant had been sentenced for R.I. for life and also to pay a fine of Rs. 1000/ -, in default of payment fine, R.I. for another one month.

(3.) Sister of Informant Smti Arati Patnayak, namely, Dineswari had eloped with the accused person about ten years prior to filing of the FIR and thereafter, their marriage was solemnized. On 14.10.2012, Dineswari was admitted in Dibrugarh Medical College in severe burnt condition and on being informed, when the informant went to visit her sister Dineswari, the injured disclosed to her that it was the accused appellant/her husband, who had set fire to her. After few days, while in the hospital, the said Dineswari succumbed to her injuries. Smti Arati Patnayak lodged an FIR before the Talap Outpost and accordingly, a case was registered at Doomdoma Police Station under Sec. 302 I.P.C being Doomdooma P.S. No. 296/12.