JUDGMENT :

1. Heard the Mr. HRA Choudhury, learned senior counsel appearing for the accused/appellant as well as Mr. MP Goswami, learned Addl. P.P., Assam for the State respondent.

2. This appeal is preferred against the judgment and order dated 28.07.2015, passed by the learned Addl. Sessions Judge (FTC), Cachar at Silchar in Sessions Case No.64/2014, whereby the accused/appellant has been convicted u/s.304 (B) IPC and sentenced him to suffer rigorous imprisonment for 10 years and to pay fine of Rs.5,000/-, in default simple imprisonment for six months.

3. Cousin of informant, Abdul Haque, Smt. Lilima Begum was given in marriage with the accused about 1 and half months ago. Prior to date of occurrence on 15.04.2009 at 7-30 p.m., the informant received information over phone that Lilima has died. Hearing the news he along with others went to the house of the accused and witnessed marks of wound on the head, face, neck and other parts of her body, which had given rise to suspicion that Lilima was killed by the accused and his family members.

4. Alleging as above the informant lodged the ejahar, Ext.1 on 15.04.2009 before the officer-in-charge of Sonai P.S, on that basis of which the Sonai P.S. Case No.91/2009, u/s.302 IPC was registered and investigated into by the police and upon completion of the investigation, the I.O. submitted charge sheet against the present accused u/s. 304-B IPC. On appearance of the accused and after perusal of the materials available before the learned trial Court and hearing the learned counsels for the prosecution as well as the defence, framed the charge u/s.302/304-B of the IPC against the accused and the same were read over and explained to him, to which he pleaded not guilty and claimed to be tried.

5. During the trial, the prosecution examined as many as eleven witnesses including the M.O and the I.O. and also exhibited some documents and the defence cross-examined the prosecution witnesses. Upon closure of the prosecution evidence, the statements of the accused u/s.313 CrPC was recorded wherein he denied the charges leveled against him. The accused however declined to adduce any evidence in his defence.

6. Upon conclusion of the trial, the learned Addl. Sessions Judge (FTC), Cachar at Silchar, by its judgment and order dated 28.07.2015, convicted and sentenced the accused as stated above.

7. Being aggrieved and dissatisfied with the impugned judgment and conviction, the present appeal has been preferred by the accused/convict on the ground, inter alia that the learned Sessions Judge committed grave error in law as well as of facts in convicting the accused u/s. 304-B IPC and the same is liable to be set aside and quashed, the learned Trial Court erred in convicting and sentencing the appellant on the basis of evidence on record in as much as there was no corroborating evidence to disclose the fact of torture meted out to the deceased by the accused, there was no evidence to show that soon before her death, the deceased was subjected to cruelty and harassment, etc. and accordingly prayed for setting aside and quashing the conviction and sentence and to acquit the accused/appellant from the charge.

8. I have heard the learned counsel for the parties and also gone through the evidence on record and perused the materials available before me.

9. The evidence of the Doctor being crucial in the instant case, let us peruse the evidence of the Medical Officer (PW. 9), Dr. Gunojit Das who conducted the post mortem examination. In his evidence he has deposed that on 16.04.09, he was attached with the Silchar Medical College Hospital and performed the post mortem examination over the dead body of deceased Lilima Begum, in connection with Sonai P.S. Case No. 91/2009 and found the following injuries:-

"(i) Reddish brown of size 10 x 8 c.m. over sterna area in middle part.

(ii) Bluish bruise of 6 x 5 c.m. at the upper lateral thigh surrounded by diffuse swelling.

(iii) Contusion of left parietal scalp 10 x 8 c.m. found