BIPUL DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, under Section 374(2) of the Code of Criminal Procedure, is directed against the judgment and order, dated 8.7.13, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 4(J-J) of 2009, convicting the accused-appellants, under Sections 306/114/34 of the IPC and sentencing them to undergo rigorous imprisonment for 10 (ten) years each and to pay a fine of Rs. 5,000/-, each in default, to simple imprisonment for 3 months.

(2.) I have heard Mr. SN Tamuli, learned counsel for the accused-appellants and Mr. PS Lahkar, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case, in brief, is that Poppy Tanti, the daughter of the informant, Smt. Sarumai Tanti, was taken away by the accused, Bipul Dutta, 11 days prior to the lodging of the FIR, on 22.09.2007, telling the member of her family, Rupa Gowala, that he had taken Poppy Tanti and he would keep her happy with him. At about 6.30 p.m., on 21.09.2007, Poppy was taken by the accused, Bipul Dutta, with promise to perform social marriage with her. The accused-appellant Nitul Dutta brought her back to her parental home and dropped there and threatened her that if she comes to their house again, she would be burnt. Then, at about 12.30 in the intervening night, Poppy appeared in the house of her husband, i.e. the accused-appellant, Bipul Dutta. There she was killed by the accused, Bipul Dutta, his brother, accused-appellant, Nitul Dutta and their father Jiten Dutta in their house after pouring kerosene oil on her person and lighting her. This fact was told to the informant by the victim over mobile phone. She was hospitalised at Jorhat Civil Hospital where she died on 21.09.2007 at about 4.00 a.m.