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2023 Supreme(Gau) 789

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Kalyan Barman, Bongaigaon, Assam – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Dhar
For the Respondent:Ms. B. Bhuyan, Mr. J. Das, Advocate

JUDGMENT :

M. Zothankhuma, J.

Heard Mr. A. Dhar, learned Amicus Curiae for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor for the State.

2. This appeal has been preferred against the judgment dated 20.05.2019 passed by the Court of the Sessions Judge, Bongaigaon in Sessions Case No. 120(BGN)/2015, by which the appellant has been convicted under Section 302 IPC and 498(A) IPC and sentenced to undergo imprisonment for life with a fine of Rs. 5,000/-, in default, to undergo further imprisonment for 6 (six) months for the offence under Section 302 IPC and to undergo rigorous imprisonment for 3 (three) years with a fine of Rs.1,000/-, in default further imprisonment of 1 (one) month under Section 498(A) IPC, on the ground that the appellant had killed his wife by pouring kerosene over her and setting her on fire.

3. The Prosecution case in brief is that an FIR dated 03.04.2010 was submitted by Prosecution Witness No.4 (PW-4), who is the mother of the deceased victim and mother-in-law of the appellant at 10:30 p.m. The FIR is to the effect that the appellant used to torture the deceased demanding dowry. It further states that on 02.04.2010, PW-4 came to learn that the

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