DWIJEN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant herein, has been convicted under Section 304-B of the Indian Penal Code and he has been sentenced to undergo RI for 7 (seven) years and also to pay a fine of Rs. 1,000/- with default sentence of 3 (three) months RI vide impugned Judgment and Order dated 24. 8. 2007 passed by the learned Additional Sessions Judge No. 4 (FTC) Kamrup, Guwahati in Sessions Case 317 (K) of 2006. However, the learned Sessions Judge has acquitted the father-in-law and the mother-in-law of the deceased due to insufficiency of evidence of abetment or instigation for demand of dowry or regarding cruelty or harassment to the deceased. Being aggrieved with the conviction and sentence the husband has preferred this appeal.

(2.) I have heard Shri K. Agarwal, learned counsel for the accused appellant. Also heard Shri B. S. Sinha, learned Additional Public Prosecutor for the State of Assam. Also perused the impugned Judgment and the evidence proffered by the prosecution and the record.

(3.) THE gist of the prosecution case is that the deceased had married the appellant about 6 (six) years prior to her unnatural death. The deceased went missing in between the night of 2nd and 3rd July 2006. Her dead body was found floating in a nearby pond in the early morning of 4th July. On the same day the father-in-law of the deceased informed about the missing of deceased Makani Das to her elder brother (PW 1 ). Simultaneously, Police was also informed about the missing of Makani and noticing her dead body in the pond. This oral information was reduced into writing vide GDE No. dated 4. 7. 2006 (Ext. 8) at Hajo Police Station. When the preliminary investigation was on, PW 1 also lodged a formal written FIR alleging that his sister met with an unnatural death due to physical and mental torture for non-fulfillment of demand of dowry. This FIR was registered as Hajo P. S. Case No. 127 of 2006 under Section 304-B/34 of the Indian Penal Code (briefly, 'ipc' hereinafter ). After investigation, chargesheet was submitted on 27. 9. 2006.