TAPAN MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order 12.7.2011 passed by the learned Addl. Sessions Judge, FTC No.1 Kamrup at Guwahati in Sessions (K) No. 10(K)/2004 convicting the appellant under Section 302 IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs.10,000/- and in default further simple imprisonment for one year.

(2.) Criminal law was set into motion on the basis of the FIR so lodged by the informant namely Tarun Ch. Deka. The daughter of the said informant Smt. Anjana Deka was married to the accused Tapan Deka prior to four years from filing of the FIR and out of the said wedlock a female child was born to them, aged about 3 years at the time of occurrence. But their relationship was not good enough and on 20.3.2003 there was a quarrel between the two due to some personal affairs and that day at about 2 PM the informant received a phone call that his daughter Anjana has received burn injury and she was admitted at Down Town Hospital. Accordingly, the informant rushed to the hospital and found his daughter there with serious burn injuries on her person. He lodged FIR on the next day morning. A case was registered accordingly and the investigation started. During the course of investigation the statement of the victim and witnesses as well as dying declaration were recorded by the I.O. In the meantime, the victim died in the hospital on 28.10.2003. After the death of the victim ,inquest was made as well as post-mortem examination was performed on the body of the deceased and just after conclusion of the investigation charge sheet was submitted against the accused person u/s 302 IPC.

(3.) The case being exclusively triable by the Court of Sessions, the learned C.J.M., Kamrup committed the case for trial to the Court of Sessions. Thereafter, the case was transferred to the Court of learned Addl. Sessions Judge, F.T.C. No. 2, Kamrup at Guwahati for trial .