Decided on March 15,2018

Rama Kanta Nath Appellant
STATE OF ASSAM And ORS. Respondents


MIR ALFAZ ALI,J. - (1.) Heard Mr. S.K. Jain, learned counsel for the appellant and Ms. S. Jahan, learned Addl. PP, Assam.
(2.) This appeal is directed against the judgment and order dated 08.10.2013 passed by the learned Addl. Sessions Judge, Goalpara in Sessions Case No.257/2012 under Section 304(B) IPC. By the said judgment, the learned Addl. Sessions Judge convicted the accused/appellant under section 304(B) IPC and sentenced him to Rigorous imprisonment for 7 (seven) years.
(3.) The prosecution case in brief was that the victim (PW-4) married the appellant Rama Kanta Nath on 28.02.2008 and after marriage they were pulling on well as husband and wife for about 2/3 months. Though the parents of the victim paid Rs. 75,000/- along with other dowry articles on her marriage, after 2/3 months of the marriage, the accused demanded Rs. 50,000/- from the victim. As the parents of the victim could not meet such demand, the victim was subjected to torture. On 08.12.2008, the appellant assaulted the victim and drove her out from the matrimonial home and threatened her not to come back without Rs. 50,000/-. As the victim came back without the money, she was again subjected to torture by the appellant. Ultimately, on 23.12.2008 the present appellant and the co-accused Damayanti Nath (since acquitted), forcibly administered poison to the victim and consequently, she died on the next day i.e. 24.12.2008. An FIR was lodged by the father of the victim, PW-1 against the present appellant and one Damayanti Nath. On the basis of the said FIR, police registered a case and after usual investigation submitted charge-sheet against the present appellant and exonerated the co-accused Damayanti Nath. The informant PW-1 raised objection against the final report in respect of Damayanti Nath and eventually, process was issued against the co-accused Damayanti Nath.;

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