KALIA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. SG Baruah, learned Amicus Curiae appearing for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, Assam.

(2.) An ejahar dated 30.07.2014 was lodged by Smti Dipali Boro before the Officer-in-Charge of Uriamghat police station stating that although her daughter was married with the accused person for about 3 (three) years, she came back to her house around 3 (three) months back and informed that she was driven away from her matrimonial home. She further stated that on 30.07.2014 at about 7.30 am accused Kalia Gogoi assaulted her daughter and strangled her to death.

(3.) The informant Dipali Boro while deposing as PW-1 stated that at about 8.00 am on the day of the incident, the elder brother of the father of the accused person came to her house and informed that her daughter had hanged herself. Thereafter, she and her husband went to the house of the accused and saw that the deceased was lying on a bed. She further deposed that immediately after their arrival, police also arrived and that the police asked her and another woman to examine whether there was any injury on the body of the deceased. After examining the deceased, the witness found some marks of strangulation around the neck of the deceased. She further deposed that the elder brother of the father of the accused had told him that there was a quarrel between the accused and the deceased prior to the incident. In cross PW-1 states that she noticed certain injury only on the neck of the deceased. In her deposition, she also stated that the deceased daughter was earlier tortured in her matrimonial home.