KHUKAN DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The convict herein as appellant has assailed the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 93/2000 whereby the appellant has been convicted under Section 302 of the Indian Penal Code, 1860 (For short the 'IPC') and sentenced to undergo imprisonment for life with a fine of Rs. 1,000/-, in default further imprisonment for 3 (three) months.

(2.) Prosecution story as set up during the trial in a nutshell is as follows :- On 11th June, 1999 at about 3.30 p.m., Mamun Debnath (hereinafter referred to as deceased), wife of Khukan Debnath, the appellant herein, caught fire in her person. It was suspected that her husband has caused the incident by pouring kerosene over her person and setting her afire. The deceased was rushed to Assam Medical College Hospital, Dibrugarh, for treatment wherein the deceased made a dying declaration before PW 4, Dr. Parthapratim Dutta implicating the appellant and the deceased breathed her last on 16.6.1999 at 8 p.m. The dying declaration is Ext. 2, Dr. R.K. Gogoi, PW 13 performed the autopsy on 16.6.1999. Post-mortem report is Ext. 7. During the course of investigation an old kerosene stove and an old can of tin for keeping kerosene oil were recovered from the rented house of the appellant. The seizure report is Ext. 6. On completion of investigation, the charge-sheet was submitted against the accused for commission of offence punishable under Section 302, IPC. The charge was read over to the accused to which he pleaded not guilty and claimed to be tried, hence the trial started against the accused.

(3.) The prosecution during the trial has examined as many as 13(thirteen) witnesses to prove the prosecution case. Admittedly there were no eye-witnesses to the scene of occurrence. The deposition of prosecution witnesses PW 1, Joynal Sah, PW 2, Rajen Dey, PW 3, Krishna Gupta, PW 9, Bhabatosh Dutta and PW 10, Swapan Bhawal have not disclosed any incriminating materials against the accused.