ARUN SEAL Vs. STATE

JUDGEMENT

(1.) Heard Mr. G.M. Paul, learned Counsel for the appellant as well as Mr. K.A. Mazumdar, learned Public Prosecutor, Assam.

(2.) The conviction of the appellant under section 302, I.P.C. and resultant sentence to undergo rigorous imprisonment for life and to pay fine of Rs. 2,000.00 in default of payment of fine to undergo further rigorous imprisonment for another one month so imposed by learned Adhoc Additional Sessions Judge in Sessions case No. 6 (BGN) of 2001 by his judgment and order dated 28.6.2004 has been assailed in this criminal appeal.

(3.) Prosecution case in brief is that on the night of 18.7.1999 at about 11 p.m. accused Arun Seal assaulted his wife Bina Seal in his house and also set fire to her body by pouring kerosene oil. Deceased Bina Seal and her children raised cries and hearing their cries, neighbours of the deceased came and hospitalized her in the Bongaigaon 30 bedded rural hospital for her treatment. Sri Ganga Prosad Gogot one of the neighbours informed the Officer-in-charge of Bongaigaon Police Station about the occurrence orally on the same night at about 12.30 a.m. The Officer-in-charge of Bonggaigaon P.S. on receipt of the said oral information, recorded it in the general diary of his police station vide G.D. Entry No. 768 dated 19.7.1999 and endorsed it to T.S.I. Surojit Choudhury for investigation. T.S.I. Surojit Choudhury accordingly launched investigation. On 20.7.1999 the deceased Bina Seal also lodged a written ejahar with the Officer-in-charge of Bongaigaon P.S. and the officer-in-charge Bongaigaon P.S. on receipt of the said ejahar, registered Bongaigaon P.S. Case No. 97/99 under section 498-A/302 of the I.P.C. and endorsed It to T.S.I Surojit Choudhury for completing the investigation. T.S.I. Surojit Choudhury accordingly investigated the case and after completion of investigation submitted charge sheet against accused Arun Seal under section 498-A/302 of the I.P.C."