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2018 Supreme(Gau) 1728

HITESH KUMAR SARMA, MIR ALFAZ ALI
Bijoy Nayak – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. I. Hussain
For the Respondent: Mr. B.J. Dutta

JUDGMENT :

HITESH KUMAR SARMA, J.

1. This appeal is preferred from jail against the judgment and order dated 12.5.2016, passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 81 of 2011, convicting the accused-appellant, under section 302 of the Penal Code, 1860, and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5,000, in default, further simple imprisonment for a period of one month.

2. I have heard Mr. I. Hussain, learned amicus curiae, appearing on behalf of accused-appellant and Mr. B.J. Dutta, learned Additional Public Prosecutor, Assam.

3. The prosecution case, in brief, is that on 9.3.2011, the accused-appellant, Bijoy Nayak, confined his wife/deceased, Jayanti Nayak, inside his house, severely assaulted her and set fire on her person after pouring kerosene oil on her body. She was taken to Bokakhat Primary Health Centre immediately after the occurrence, and thereafter, shifted to KK Civil Hospital, Golaghat, where she succumbed to her bum injuries.

4. The informant/PW2, the father of the deceased, lodged the ejahar, in respect of the above occurrence, with the Kamargaon Police Station. On receipt of the FIR, Kamargaon Police

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