SANJIT NAYAK @ SANJIB Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sanjit Nayak @ Sanjib has been convicted under Sec. 302 of the Indian Penal Code and sentenced to suffer imprisonment for life with fine and default stipulations for causing the death of his wife Abanti Mirdha.

(2.) The case of the prosecution is that at about 10/11 PM of 26.05.2012 at Kuhepara Tea Estate, the appellant set his wife Abanti Mirdha on fire by pouring kerosene oil and thereafter carried her with severe burnt injuries to her mother's place Smti. Ranjabati Mirdha (PW-1). By leaving Abanti on the doorstep, the appellant fled away. Abanti succumbed to the burnt injuries and was declared brought dead at the hospital on the following morning. Ejahar (Ext.-3) was lodged by Abanti's mother (PW-1) on 28.05.2012 and the same was registered as Katigorah P.S. Case No. 215/2012 under Sec. 304B of the Penal Code. Anowar Hussain Choudhury (PW-7) carried out the investigation and prepared the Inquest Report, recorded the statement of witnesses and also arrested the appellant. Autopsy was done on Abanti. Upon completion of the investigation, Charge Sheet was submitted against the appellant under Sec. 302 Penal Code. The case was committed to trial.

(3.) For reaching a decision as to whether on 26.05.2012 at about 10/11 PM the appellant had intentionally caused the death of Abanti Mirdha by setting her on fire by pouring kerosene oil, the testimony of 8 (eight) prosecution witnesses were taken into consideration, including the testimony of the Medical Officer and the Investigating Officer. The appellant was also examined under Sec. 313 CrPC. Judgment was delivered by the trial Court convicting and sentencing the appellant on the basis of circumstantial evidence.