BHARAT BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal under Sec. 374, Code of Criminal Procedure, 1973 ['the Code' or 'CrPC', for short] is directed against the Judgment and Order dtd. 3/11/2017, passed by the Court of learned Sessions Judge, Jorhat in Sessions Case no. 18 [J-J] of 2011, whereby the accused-appellant has been convicted for the offence of murder under S. 302, Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000.00, in default of payment of fine, to undergo rigorous imprisonment for another 6 [six] months.

(2.) The investigation was set into motion on receipt of a First Information Report [FIR] from the informant, Shri Suresh Hazarika by the Officer In-Charge, Jorhat Police Station on 14/8/2010. In the FIR, the informant had inter-alia alleged that his daughter, Bija Lakshmi Hazarika got married to the accusedappellant, a resident of Pokamura Komar Gaon, Jorhat on 2/6/2010. The informant had further stated that at around 05-00 a.m. on 14/8/2010, the face of his daughter got half-burnt by the fire from a gas stove and she was immediately admitted in the Jorhat Medical College and Hospital [JMC&H] at Jorhat. It was stated that Bijay Lakshmi Hazarika breathed her last at the JMC&H at around 05-30 a.m. on 14/8/2010. The informant further stated that at the time of lodging the FIR, the dead body of the deceased was at the JMC&H. The informant further stated that he suspected that his son-in-law, that is, the accused-appellant and his mother, Smti. Khudmai Bora, were behind the murder. Stating so, the informant requested the Officer In-Charge, Jorhat Police Station to take necessary steps into the alleged murder of his daughter.

(3.) On receipt of the FIR, the Officer In-Charge, Jorhat Police Station registered the same as Jorhat Police Station Case no. 489 of 2010 [corresponding G.R. Case no. 986 of 2010] for the offence under Sec. 302, IPC read with Sec. 34, IPC on 14/8/2010 and entrusted one Shri Bidyut Bikash Baruah, Sub-Inspector of Police and In-Charge, Rowriah Police Out Post with the investigation of the case.