LAL MOHAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail against a judgment dtd. 21/6/2019 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 115(JN)/2015 convicting the appellant under Ss. 302 / 447 / 324 / 326 of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment (RI) for life and to pay a fine of Rs.2000.00 i/d RI for another 2 months under Sec. 302 IPC; RI for four years and fine of Rs.1000.00 i/d for one month under Sec. 326 IPC; RI for two years and fine of Rs.1000.00 i/d for another one month under Sec. 324 IPC and RI for one month under Sec. 447 IPC with default clauses.

(2.) The criminal law was set into motion by lodging of an Ejahar on 19/4/2013 by one Nagen Karmakar (PW-1) wherein it was stated that on the earlier evening at 8.30 PM, the two accused persons namely, Lal Mohan Das (appellant) and Sanjib Gupta had illegally entered into the residential compound and threw a bottle containing petrol like inflammatory substance through the open window of the kitchen which came into contact with a burning lamp causing a huge fire in which the inmates had suffered grievous burn injury. In the said injury, his granddaughter Archana Karmakar and wife Renu Karmakar had died and the others were taken for treatment. Based on the aforesaid Ejahar, the formal FIR was registered. After completion of the investigation, Charge Sheet was laid. As the offence involved were Sessions triable, the matter was committed to the learned Court of Sessions Judge, Dhemaji. Charges were framed and on its denial by the accused persons, the trial had begun.

(3.) The prosecution had adduced evidence through 8 nos. of prosecution witness (PWs).