NARESH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Naresh Das has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) The victim of incident was Sima Das, aged 40 years. She was also wife of the appellant.

(3.) According to the prosecution case, Sima was married to appellant 20 years prior to the date of incident. Navadeep Das, aged 20 years (DW-1) and Bulti Das, aged 18 years (DW-2) are their son and daughter. And all of them lived together in one-room house of the appellant. The house was situated at Borhat Habi Gaon, District Sivsagar. The appellant, however, developed love relations with another girl. And to get rid of Sima, on 3.7.2007, at about 3.30 a.m., he set her ablaze after pouring kerosene. This he did in his house. Sima sustained almost hundred percent burn injuries. An effort was however made by Navadeep Das and Bulti Das to save Sima by taking her to a nearby pond. Later, Navadeep Das along with some local residents first took her to Borhat Primary Health Centre for treatment. From there, she was taken to St. Luke's Hospital, Tinsukia for better treatment. At that point of time, Dr. Lalit Man Roy (PW-4) was posted as Medical Specialist in the Hospital. He, on examining the critical condition of Sima, honestly advised the persons, who brought her, that Hospital will not be able to treat her. But, on their request, she was admitted and provided treatment. Dr. Lalit Man Roy then also recorded her dying declaration exhibit-3. Sima in her dying declaration categorically named the appellant as a person, who had set fire on her after pouring kerosene. She also gave the reason why appellant had set fire on her. As expected, Sima died in the St. Luke's Hospital, Tinsukia on the same day at 3 p.m.