MAFIDUL ISLAM @ MAHIDUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Sec. 415(2) of the BNSS] against the judgment dtd. 2/3/2020 and sentence dtd. 7/3/2020 passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldoi in Sessions Case No. 193(DM)/2017 under Sec. 302 of the IPC [corresponding to Sec. 103 BNS], thereby sentencing the appellant to undergo RI for life and fine of Rs.10,000.00. (Rupees Ten Thousand) in default, further imprisonment for 2 months.

(2.) The criminal law was set into motion by lodging of an Ejahar on 5/10/2017 by the PW1, who is the maternal aunt of the victim. It has been alleged that the victim was married off to the accused about 5-6 years back and the accused used to torture her niece with regard to dowry since the marriage. On the said date, at about 8:00 AM, the accused person had poured kerosene on her niece and set her on fire with an intention to kill and at the time of lodging of the Ejahar, she was under treatment at the Hospital. It was also mentioned that as the parents of the victim were at Karnataka, she was compelled to lodge the Ejahar, as directed by them. In the said Ejahar, two persons were named as accused. After registration of the Ejahar, the investigation was done by the IO (PW9) in which the statements of the relevant witnesses were recorded, Post-Mortem Report collected and after completion of the formalities, the Charge Sheet was laid.

(3.) The prosecution had adduced evidence through 9 nos. of witnesses including the Doctor and the IO.