KAPIL KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant has been found guilty for murdering his wife Lili Boro. After recording the verdict of guilt against the appellant and after convicting him under Section 302 of the Indian Penal Code, he has been ordered to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- in default of which to further undergo rigorous imprisonment for 6 months. The present appeal has been preferred by the appellant against the said judgment dated 3.11.94.

(2.) The prosecution story, as has been unfolded in the First Information Report recorded at the instance of Gunindra Mohan Gogoi, Sub Inspector of Police of Fatasil Ambari Police Station (PW 9), is that the accused was married with the victim about 2 months back. The family members of the appellant were against the marriage and that on 13th of December, 1991 at about 12 noon the appellant was wanting to leave for his home by packing up his luggage when the victim protested and obstructed him from leaving. The appellant thereupon poured kerosene oil on the body of Lili Boro and set her on fire with a view to killing her and as a result of which the victim suffered burn injuries on her whole body. The case was initially registered under Section 307 of the Indian Penal Code. It was mentioned by the aforesaid Sub Inspector to the Officer-in-Charge in the First Information Report that he had already taken up the investigation of the case. After the death of the victim the case was converted under Section 302 of the Indian Penal Code and the appellant after trial has been found guilty.

(3.) The prosecution in order prove its case has produced P.W. 1 Dr. H.K. Mahanta, P.W. 2 Smti. Urmila Patowary - a nurse of the hospital, P.W. 3 Amrit Kalita - a witness of Inquest Report, P.W. 4 Bhabani Das, P.W. 5 Soneswar Kumar, PW. 6 Dhruba Boro, PW. 7 Smti. Niru Kumari, P.W. 8 Pradip Boro, the brother of the deceased and PW. 9 Gunindra Mohan Gogoi at whose instance the First Information Report was recorded. In addition thereto Exhibit-1 - Dying Declaration, Exhibit 2 - Inquest Report and Exhibit 3 - Seizure list were produced.