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2023 Supreme(Gau) 774

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Dipak Bordoloi S/o Late Bidyadhar Bordoloi – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Barman.
For the Respondent: S. Jahan.

JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Ms. M. Barman, learned Amicus Curiae appearing for the appellant. Also heard Ms. S. Jahan, learned Additional Prosecutor, appearing for the State respondent.

2. This appeal has been preferred against the Judgment dated 11.01.2019, passed by the court of the learned Sessions Judge, Nagaon in Sessions Case No. 417(N)/2011, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 10,000/- in default rigorous imprisonment for 6 (six) months, on the ground that he had killed his wife by burning her with kerosene.

3. The prosecution case in brief is that the elder sister of the deceased, who is Prosecution Witness-1 (PW-1) filed an FIR dated 22.09.2011 before the Officer-In-Charge, Raha Police Station, stating that the husband of the deceased and the sister-in-law of the deceased had been torturing her deceased younger sister, demanding dowry. Thereafter, on 21.09.2011 at around 6:00 pm, the appellant poured kerosene over her deceased sister and set her on fire inside their house. She was immediately taken to Nagaon Civil Hospital by an ambulance. The decea

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