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2022 Supreme(Gau) 279

SUMAN SHYAM, MALASRI NANDI
Sunil Tanti S/o. Sri Jagadish Tanti – Appellant
Versus
State of Assam Rep. by PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr H Gupta, Amicus Curiae

JUDGMENT :

Suman Shyam, J.

Heard Mr. H. Gupta, learned amicus curiae appearing for the appellant. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing on behalf of the State.

2. This appeal is directed against the judgment dated 30-04-2019 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 35/2018 whereby, the sole appellant was convicted under Section 302 IPC for committing the murder of his wife Naina Patnaik and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 1,000/- with default stipulation.

3. The prosecution case, in a nutshell, is that on 20-10-2017, at around 04:00 p.m. the accused had poured kerosene upon his wife Naina and set her on fire with the intention to kill her. The victim had sustained 70% burn injury and after 6/7 days, she succumbed to her injuries while receiving treatment in the hospital. On 20-10-2017, Sri Satya Patnaik, i.e. the father of the victim had lodged an ejahar before the Officer-in-Charge (O/C), Chabua Police Station reporting the incident with a request to investigate the matter. In the said ejahar, it was mentioned that the accused had been torturing the victim in various ways after a

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