LAWS(GAU)-2018-11-82

PRAFULLA KARMAKAR Vs. STATE OF ASSAM

Decided On November 26, 2018
Prafulla Karmakar Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This Criminal Appeal has been preferred from jail by appellant, Sri Prafulla Karmakar, against the judgment, dated 23.11.2016, passed by learned Sessions Judge, Sonitpur, Tezpur, in Sessions Case No. 208/2015 convicting the appellant for offence under Section 302 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for life with payment of fine of Rs 1,000/-, in default, to suffer further rigorous imprisonment for 1 (one) month.

(2.) The fact leading to the prosecution case is that, an FIR was lodged on 17.03.2015 by the informant/PW1 to the effect that in the morning of 16.03.2015, he got the information that the accused confined his wife in his house at Monijharani village and set her on fire by sprinkling kerosene. He immediately rushed to the place of occurrence and saw the deceased in an unconscious state. Thereafter, the police arrived at the place of occurrence and the victim was taken to the Tezpur Medical College & Hospital in 108 ambulance.

(3.) On receipt of the FIR, on the above facts, through Bebejia Police Out Post, the Tezpur Police Station registered a case, being No. 279/2015, under Sections 342/326/307 of the IPC, investigated into it, collected evidence and, on completion of investigation, finally, laid charge-sheet against the accused-appellant under Section 304-B of the IPC.