- (1.)The appellant was put on trial along with co-accused Sarbananda Das for offence under section 302/326/34 of the Indian Penal Code (for short the 'IPC'). The Additional Sessions Judge, Jorhat by judgment dated 30.03.2006 in Sessions Case No.27(J.J.) of 2005, acquitted the co-accused Sarbananda Das but held the appellant guilty of offence under section 302 IPC and sentenced him to undergo rigorous imprisonment for life and pay fine of Rs.1,000/- with default clause. Aggrieved by the same, the appellant preferred appeal before the High Court. The High Court by impugned judgment and order dated 20.03.2007 passed in Criminal Appeal No.118 of 2006, affirmed the conviction and sentence of the appellant and dismissed the said appeal. Aggrieved by the same, the appellant preferred this appeal by special leave.
(2.)According to the prosecution, the appellant-accused Tanua Rabidas was working as an Assistant in the Social Welfare Department. He was married with Meera Saikia Rabidas and both were living together and had no issue. On the day of their marriage anniversary, it was alleged that the accused- appellant along with co-accused Sarbananda Das were present in the house. The appellant poured kerosene oil upon his wife and set her on fire. She was immediately removed to Mission Hospital, Jorhat and therefrom to Dibrugarh Medical College Hospital. The victim succumbed to the burn injuries. The First Information Report (for short the 'FIR') was lodged at Jorhat Police Station Case No.496/99 by PW-1 Atul Saikia the brother of the victim. After usual investigation, the police submitted the charge-sheet against both the accused under sections 302/326/34 IPC and the case was accordingly committed to the Sessions Court.
(3.)The prosecution examined as many as seven witnesses. PW-1 Atul Saikia the brother of the victim in his evidence stated that his sister was married with the accused-appellant nine years before the incident. He deposed that the accused-appellant had two wives prior to the marriage with his sister and he had deserted first wife before marrying his sister. He, on being informed about the incident went to the Hospital and was advised by the Doctor to take his sister to the Dibrugarh Medical College Hospital for better treatment.