H.N.SARMA,J. - (1.) THE challenge in this petition is the order of acquittal dated 20 -2 -1996 passed by the learned Sessions Judge, Dibrugarh in Session Case No. 74/95 acquitting the accused respondent from charges under Section 302 IPC. This petition has been filed by Sri Sirshik Tanti, who was the informant of the case and lodged the FIR (Ext -1). It has been wrongly registered as Criminal Appeal, in fact the present petitioner has no right to file the appeal against the acquittal and it is under provisions of Section 378 CrPC only State can file an appeal against the acquittal. Accordingly this appeal is treated as a revision against acquittal and is disposed of within the parameter of the court in deciding a revision against an order of acquittal.
(2.) I have heard Mr. N N Saikia, learned senior advocate assisted by Ms. A Sinha. Also Heard Mr. G P Bhowmik, learned counsel appearing for the accused respondent and Mr. Munir, learned public prosecutor. The prosecution case, in brief, is as follows : - One Babli Tanti (deceased) was the wife of the accused Amrit Patnayak @ Mitra and their marriage was solemnised some time in 1990 against the wish of the family members of Babli. After her marriage Babli used to reside with the accused as his wife at the house of the accused at Hiloidhari Line No. 6 of Chabua Tea Estate, but quite often the couple used to quarrel and Babli used to come to the house of her uncle Sirshik. On 21 -2 -1994 at about 10 PM Smti. Masli Chawra, a neighbour of the accused, heard hue and cry from the house of the accused and when she entered the house of the accused she did not find the accused there, but saw Babli's body in flame and when Masli asked Babli as to how she got burnt Babli cried out saying that Mitra had burnt her. Masli then poured water on Babli doused the fire. Babli was badly burnt. After some time, accused Mitra came home with a Thela (pulling cart) and brought Babli in the thela to their Garden hospital. In the said Garden hospital Babli told her aunt Kamli Tanti, in presence of the doctor, that her husband Mitra had closed the door of her room, poured kerosene on her and burnt her and then her husband had poured water on her. From the said Garden hospital Babli was taken by the accused to Referral Hospital at Chabua and from there Babli was shifted to Assam Medical College Hospital, Dibrugarh. On the following day of the occurrence at about 8.00 AM Babli told her uncle Sirshik Tanti what she had already told to her aunt Kamli Tanti, on the previous night. Babli remained at the said hospital under treatment but she succumbed to the injuries on 8 -3 -1994 and inquest was held by police on 9 -3 -1994 in the said hospital. On 10 -3 -1994 at about 4.30 PM Sirshik Tanti (PW 1) lodged a written ejahar (Ext -1) at Chabua Police Station and treating the said ejahar as First Information Report, Chabua Police Station Case No. 34/94 under Section 302 IPC was registered and upon completion of investigation police filed charge sheet against the accused under Section 302 IPC.
(3.) ON being committed by the learned Judicial Magistrate, the case was tried by the learned Sessions Judge, Dibrugarh registering the case as Sessions Case No. 74/95. During trial a charge under Section 302 IPC was framed against the accused, which was denied by him and claimed to be tried. During the course of trial prosecution examined five witnesses whereas defence examined three. After consideration and appreciation of the evidence and materials on record the learned Sessions Judge vide judgment and order dated 20 -2 -1996 acquitted the accused person giving him the benefit of doubt. The present revision petition has been filed by the petitioner (PW 1) informant against the aforesaid order of acquittal, as stated earlier.;