CHAYARANI KARMAKAR AND ANR Vs. STATE OF ASSAM
LAWS(GAU)-2018-4-12
HIGH COURT OF GAUHATI
Decided on April 11,2018

Chayarani Karmakar And Anr Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This appeal is directed against the judgment and order dated 20.03.2009 passed by learned Addl. Sessions Judge (FTC) No. 1, Kamrup(M), Guwahati, in Sessions Case No. 213(K)/2009. By the said judgment, learned Sessions Judge convicted the appellants u/s 304-B IPC and sentenced to imprisonment for 10 years.
(2.) As per the prosecution case, the victim Sipra Sarkar was married to Nilu Karmakar about one and half year before the occurrence. The victim was set ablaze by her mother-inlaw, sister-in-law and brother-in-law, in absence of her husband, on 06/10/2003, at about 5 pm and she succumbed to the injuries after three days. The brother of the victim (PW 1), having come to know, that her sister sustained serious burn injuries, rushed to Guwahati from his native place, Kokrajhar. When he met the victim in the hospital, the victim told that her mother-in-law, sister-in-law and brother-in-law set fire to her in absence of her husband. PW 1 lodged the FIR (Ext.1), on the basis of which police registered a case u/s 326/307/34 IPC and commenced investigation. The victim died on 09/10/2003. After conclusion of investigation, the charge-sheet was laid against three persons including the present appellants u/s 304-B IPC. One of the charge-sheeted accused, being the brother-n-law of the victim, absconded and the present appellants stood trial.
(3.) In course of trial, charge was framed against both the appellants u/s 304-B IPC, to which they pleaded guilty. Prosecution examined 10 witnesses to establish the charge. On conclusion of evidence of the prosecution, the accused/appellants were examined u/s 313 CrPC, wherein they took the plea of innocence. On appreciation of evidence, learned trial court convicted both the appellants u/s 304-B IPC and awarded sentence as indicated above.;


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