BHUBAN SAIKIA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Utpal Dutta @ Haloi 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 his wife Rupa, aged about 26 years.

(3.) According to the prosecution case, appellant married to Rupa about 14 years prior to the date of incident. As a result of their wedlock Sangeeta @ Dimpi (PW-15) and a son were born. At the time of occurrence Sangeeta was about 10 years and the son was about 2 years of age. They all lived in a rented house belonging to Kalyan Bora (PW-4) at Jorhat. Nijul Das (PW-3), Smti Dipti Borah (PW-5), Smti Puni Gogoi (PW-7), Jiten Khound (PW-11), Niru Bora (PW-12), Tridip Baruah (PW-13) and Smti Anju Bharali (PW-14) were their neighbours. The appellant Utpal used to work as manager in a furniture house in the name and style 'Nova Furniture' belonging to the brother of Tridip (PW-13). On 20/02/2007 at about 6 a.m. when the appellant was woken up by Rupa to go for his work, he got angry and first beat her with a leather belt and then with a bottle. This was witnessed by Sangeeta and the appellant then asked Sangeeta as to where the bottle of kerosene was kept. When Sangeeta did not reply, the appellant brought it himself and after pouring kerosene over Rupa set her ablaze with a matchstick. Rupa cried for help but the appellant gagged her with the help of a curtain. Seeing this Sangeeta also raised hue and cry, but the appellant put her inside the bathroom and threatened her with dire consequences if she would tell anyone about his involvement in the crime. Rupa lay on the floor being so burnt and appellant stood still by tucking his hands into the pockets of his pants.