RANJAN RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Tiwary, learned Amicus Curiae appearing for the appellant. I have also heard Mr. N. J. Dutta, learned Additional Public Prosecutor, Assam, representing the State.

(2.) The sole appellant in this case has been convicted under section 302 of the Indian Penal Code for committing murder of his wife and has been sentenced to undergo rigorous imprisonment for life and to pay the fine of Rs. 5000/-. The accused has also been convicted under section 201 of the Indian Penal Code for destroying the evidence of offence and sentenced to rigorous imprisonment for 7 (seven) years and has also to pay a fine of Rs.3000/- with default clause.

(3.) The prosecution case, in brief, is that the accused Ranjan Ray had killed his wife Padumi Ray and buried the body in the courtyard of his house so as to destroy the evidence. On 05.12.2014 the mother of the deceased Smti. Sabita Devi had lodged an F.I.R. alleging that few days after the marriage her son-in-law has been torturing her daughter in various ways but she continued to live with her husband out of which a girl child had been born. Since she did not get to see her daughter in the house of the accused for a long time, hence, necessary enquiry was made with the relatives but in vain. As such, a suspicion had arisen in her mind that the accused person had killed her daughter and kept her buried somewhere. On 05.12.2014 the police from Borghola Outpost exhumed the skeletal remains of her daughter from the compound of the accused person in presence of an Executive Magistrate.