NUMAL BHARALI Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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Rumi Kumari Phukan, J. -
(1.) This appeal is directed against the judgment and order dated 16.11.2011 passed by learned Sessions Judge, Jorhat in Sessions case No.19 (JJ) of 2009 (GR Case No. 907 of 2008) convicting the accused/appellant U/S 306 IPC and sentencing him to undergo rigorous imprisonment for five years and also pay a fine of Rs.1,000/- and in default of payment of fine, simple imprisonment for two months and under section 498(A) IPC simple imprisonment for two years and also to pay a fine of Rs. 500/- in default further simple imprisonment for another fifteen days and both the sentences shall run concurrently. Death is always unfortunate and it become mere painful, when mother of two minor children commits suicide.
(2.) The brief facts which are relevant to dispose the appeal are recapitulated as under: According to the case of the prosecution, Gita Bharali (sister of the informant) was married to the accused appellant nine years back in the year 1999 and out of the wedlock two children were born. On 14.8.2008, elder brother of the accused informed over telephone at the Aunt's house that Gita expired. Then the Family Member of Gita went to their house and found that Gita committed suicide. In the meantime, the accused person informed the police about the commission of suicide by his wife in the bathroom and the police registered a U.D. Case as on 14.8.2008. But the family members of the deceased suspecting the same as a case of murder lodged an FIR on 18.8.2008 with the allegation that the present accused person along with other family members (in laws) tortured said Gita on the demand of money since the day of her marriage and prior to one months of the incident such torture increased for which she might have committed suicide or it is a case of murder by the accused persons.
(3.) On the basis of the FIR the Criminal law was set into motion and after due investigation charge-sheet was submitted against the present accused person U/S 498(A)/306 IPC. The accused appellant faced the trial and denied the charge.;
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