26.02.2021 (Mir Alfaz Ali, J.)

Learned Counsel Mr. L.R. Mazumdar, appearing for the appellant and the learned Additional Public Prosecutor Mr. M. Phukan, appearing for the State as well as the learned Counsel Mr. A. Ganguly for the respondent were heard.

2. This appeal is directed against the judgment and order dated 21.09.2017, passed by the learned Additional Sessions Judge, Cachar, Silchar in Sessions Case No. 102/2012, whereby the appellant was convicted under Sections 302 /449 IPC and sentenced to rigorous imprisonment for life and fine of Rs.5,000/- with default stipulation .

3. The prosecution case, in a nutshell, was that on 20.11.2008 at about 10 PM, the accused Nizamuddin, S/o- Motlib Uddin Seikh (Katu Mia) forcibly entered the house of the victim Golapi Rabi Das and committed rape on her and, thereafter, poured kerosene oil and set her ablaze. The victim was shifted to hospital for treatment and PW-4 (cousin brother of the victim) lodged the FIR (Ext. 1), on the basis of which Police registered Silchar P.S. Case No. 2403/2008 under Sections 448 /376/436/326/307 IPC and commenced the investigation. Later on, the victim died in the hospital during treatment.

4. Dr. Manoj Kr.