KAJOL CHAKRABORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Addl. Sessions Judge (FTC), Silchar in Sessions Case No.142/2011, whereby, learned Addl. Sessions Judge convicted the appellant under section 302 IPC and sentenced him to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) Deceased Silpi Chakraborty was the sister of the informant Moloi Chakraborty. As per prosecution case, the deceased Silpi Chakraborty was married to the appellant Kajol Chakraborty. Since after marriage, the deceased was subjected to torture by the appellant, who also very often threatened to kill her. On the date of occurrence at about 5 pm, when the informant was at Silchar, the appellant informed him over phone that fire broke out in his house. Immediately the informant came to the house of the appellant and found his sister and her child dead. Suspecting foul play by the appellant, Moloy Chakraborty, (PW-1) lodged the FIR (Ext.-1), on the basis of which, police registered Udarbond PS Case No. 1848/2008 and upon completion of investigation submitted charge-sheet against the appellant under Section 304(B) IPC. The offence being exclusively triable by the court of Sessions, learned Magistrate after having taken cognizance, committed the case to the court of Sessions and eventually the appellant stood trial before the learned Sessions Judge.

(3.) In course of trial, charges under Section 304(B)/302 IPC were framed, to which the appellant pleaded not guilty. Prosecution examined 9 (nine) witnesses to bring home the charges against the appellant and the learned trial court also examined one witness as a court witness. After completion of the prosecution evidence, the accused/appellant was examined under Section 313 Cr.P.C., wherein he pleaded innocence.