LILY BORA AND ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) In challenge is the judgment and order dated 28.5.2007 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 95(JJ)/2002 convicting the appellants herein under section 306 of the Indian Penal Code (hereafter referred to as the 'Code') and sentencing them to rigorous imprisonment for one year and 5 years respectively and also to pay fine of Rs. 1,000 each, in default, to undergo rigorous imprisonment for a further period of 3 months.

(2.) I have heard Mr. N.K. Baruah, learned counsel for the appellants and Mr. Z. Kamar, learned Public Prosecutor, Assam.

(3.) An FIR dated 13.8.2000 having been lodged by one Rajib Saikia, the younger brother of the deceased with the Officer-in-charge, Jorhat Police Station alleging physical torture by the accused appellants and burn injuries sustained by the deceased on 11.8.2000, rendering her condition to be precarious for which she was removed for treatment to the Jorhat Civil Hospital, Jorhat PS Case No. 307/2000 under section 498(A) of the Code was registered. Following the investigation, charge sheet was laid against the accused appellants under section 304(B) of the Code as meanwhile the deceased had succumbed to her injuries at the Dibrugarh Medical College Hospital, Dibrugarh. The Sessions Court before which the case was committed for trial charged the accused appellants under sections 498(A) and 304(B) of the Code to which they pleaded "not guilty". As many as 15 witnesses were examined by the prosecution including two Medical Officers and the Investigating Officer. The accused appellants in their statement under section 313, Crimial P.C., took the plea of innocence. They, however, examined one witness in defence. By the impugned judgment and order, they were convicted and sentenced as above.