DHANO RAM RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 07.10.2013, passed by the learned Sessions Judge, Goalpara, convicting the accused -appellant under Sec. 304 -B IPC and sentencing him to suffer rigorous imprisonment for 10 years. In terms of Sec. 357 -A CrPC, a sum of Rs. 50,000/ - was also awarded, as compensation amount, to be paid by the District Legal Services Authority, Goalpara, to the minor daughter of the appellant, namely, Smt. Puja Rabha.

(2.) Heard Mr. A. Roshid, learned counsel appearing for the appellant. Also heard Mr. K.A. Majumdar, learned Additional Public Prosecutor, Assam.

(3.) An ejahar was lodged with the Agia Police Station, on 25.05.2011, at around 6 -00 O'clock in the morning, by Anil Das, father of the deceased Lakhi Rabha, stating that Dhanoram Rabha, i.e., the appellant herein, had married his daughter about 5 years back and that after a few days of marriage, his daughter was asked by Dhanoram to bring money from her parents and, as his daughter could not bring money from her parents, his daughter was physically and mentally harassed by the accused -appellant. On 23.05.2011, at around 9 -00 A.M., taking opportunity of absence of the family members, the accused -appellant entered into his house and took away the marriage certificate. On that day itself, at around 11 -00 A.M., the accused -appellant detained his daughter inside the house, tied her hands and legs with a rope and gagged her mouth and, thereafter, he set her on fire by pouring kerosene oil. The incident was revealed before them by the couple's daughter, Puja Rabha. His daughter was rushed to the Goalpara Civil Hospital in an ambulance and, at around 3 -00 A.M. on 25.05.2011, she died of her injuries. On the basis of the said ejahar, Agia Police Station Case No. 57/2011, under Sec. 302/304 -B/380 IPC, was registered.