SANKUDEV BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal under Sections 374 of the Cr.PC against the judgment and order, dated 08.12.2009, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 33(JJ)/2007 convicting and sentencing the accused appellant to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- with a default clause under Section 325 of the IPC and also simple imprisonment for 6 (six) months and to pay a fine of Rs. 1,000/- with a default clause under Section 498(A) of the IPC.

(2.) I have heard Mr. Z Alam, learned counsel for the accused-appellant as well as Mr. PS Lahkar, learned Additional Public Prosecutor, appearing for the State of Assam.

(3.) The fact leading to the case is that, on 01.05.2006, the marriage between the accused-appellant and his wife was solemnized and there were some differences between the accused-appellant and his wife in respect of the furniture given in their marriage as the same was not found as per the standard of the accused-appellant. The accused-appellant demanded money from his wife/victim. On 14.09.2006, they visited the matrimonial house of the victim in the maruti car of the accused-appellant. They also attended janmastami observed in a nearby namghar. In the evening, the accused-appellant with his wife/victim took his vehicle on a bye-pass road pretending to have their dinner at a dhaba. At a lonely place, the accused-appellant stopped the car, pulled out an iron rod from the rear seat of his car and inflicted blows on the victim/wife and thereafter drove the vehicle and dashed against a truck which was stationed by the side of the road. It was alleged that he did so with an intention of killing his wife/victim.