NABA RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Naba Ray has been convicted under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000.00 with default stipulation.

(2.) The victim of the incident was Toramai Rabha, aged 26 years.

(3.) According to the prosecution case, Toramai was married to appellant six years prior to the date of incident. They both lived together in a small house at village Sialmari Rongagora, District Goalpara. The house was within the campus of the house of appellant's mother-Narmada Ray (PW-7). The appellant often used to beat Toramai and on 3.10.2011, he not only beat, but also throttled her to death in his house. The information of incident was given to Rabin Nath (PW-1) by the relatives of appellant. Rabin Nath is husband of the sister of Toramai. He naturally rushed to appellant's house, where he found Toramai lying dead on a bed and appellant sitting nearby. He also noticed bleeding through the nose and mouth of Toramai. On his asking, appellant replied that Toramai had hanged herself. Not convinced with the reply, Rabin suspected foul play. He, therefore, made ejahar exhibit 1 at Police Station Dudhnoi against the appellant. Officer In-charge of the Police Station - Gokul Chandra Barman (PW-8) responded by visiting the place of occurrence. And from the place of occurrence, he seized 'orna' (dupatta) Material exhibit 1 of Toramai vide exhibit 2. He then referred the body for post mortem examination and after completing investigation, chargesheeted the appellant for an offence under Sec. 302 of the Indian Penal Code.