BIJULI BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment dated 11-03-2016 passed by the learned Sessions Judge, Nalbari in Sessions Case No. 58/2008. The appellants are represented by Mr. B.K. Mahajan, learned counsel and the State is represented by Mr. T. Misra, learned Additional Public Prosecutor.

(2.) Facts presented before this Court is that on 02-08-2006 at about 5:30 P.M, accused No.1, Smti Bijuli Barman and accused No.2, Manmohan Barman poured kerosene upon Smti. Kamini Barman who is the mother of accused No.2. The accused No.1 is the sister-in-law of accused No.2, Manmohan Barman. The complainant/informant is Gunajit Barman who is the elder brother of Manmohan Barman. He is the husband of accused No.1 Smti. Bijuli Barman. The informant and the accused No.1 are reported to have been living separately after a year of their marriage in 2005. The deceased victim Kamini Barman succumbed to her injuries on 02-09-2006. An FIR was lodged by the complainant before the Mukalmua Police Station. Initially, the case was registered under Section 307/497/493/34 IPC under Case No. 122/06 of Mukalmua Police Station. On the death of the victim, the charges were changed to 302 IPC/34. P.W.1 lodged FIR on 03-09-2006 explaining the delay that when he lodged the FIR on 20-08-2006 at concerned Police Station, it was not accepted because of the delay. Hence, complaint was filed before the Chief Judicial Magistrate, Nalbari and subsequently, the matter was registered by the Mukalmua Police Station. The main contents of the FIR is that the accused No.1, who is the wife of the complainant came into illicit relationship with accused No.2 who is the younger brother of the complainant. The deceased victim mother came to know about the affair and the victim informed the complainant which made the victim bottleneck for the accused Nos. 1 and 2 to enjoy their illicit relationship. Thus, the motive was to remove the hindrance in their relationship. The FIR also mentions that the complainant had personally seen the accused persons with his own eyes on 09- 04-2006 and then on 06-06-2006 of the illicit relationship of the accused persons. Ultimately, on 02-08-2006, at about 5:30 P.M., the accused No.1 with the help of accused No.2 poured kerosene and lighted match stick causing grievous injury upon the victim. The victim went out for help in the street and the neighbours doused the fire and after scolding the accused persons coaxed them to take the victim to a nearby hospital. The victim was taken to Mukalmua Primary Health Centre where they were instructed to shift the victim to GMCH, Guwahati since it was severe burn injuries and the victim was accordingly shifted to GMCH, Guwahati. The victim subsequently succumbed to her injuries after treatment at GMCH, Guwahati.

(3.) P.W.1, in his deposition, has stated that on 02-08-2006, he reached home at 6:30 P.M from Guwahati where he works for a living. He was informed by the neighbours that his mother Late Kamini Barman was set ablaze by the accused persons and after committing the crime, accused Manmohan Barman fled away and Bijuli Barman remained in the house. He also learnt that the locality people coaxed the accused persons to take the victim to the hospital. On the next day of the occurrence, he went to GMCH and met his mother. His mother told that accused Manmohan Barman caught hold of her and Bijuli Barman after pouring kerosene set her ablaze. He also stated that after the occurrence, Manmohan Barman and Bijuli Barman lived together as husband and wife in the parental house of the accused Bijuli. They did not visit GMCH to see his mother during her stay there. However, in his cross-examination, PW 1 stated that after the incident, the accused Bijuli Barman stayed with her mother at GMCH for 6 to 7 days during her treatment. The police had also stated to have recovered dowry articles of Bijuli Barman from his residence. Bijuli Barman obtained order of maintenance against the complainant under Section 125 Cr.Pc. wherein, the complainant was directed to pay Rs.300/- per month as maintenance and that he has been living in Guwahati for the last 12 to 13 years. He has also stated that he did not keep Bijuli Barman with him because of his illicit relationship with other woman. After 6 (six) months of their marriage, he came to know that his wife Bijuli Barman who is the accused, has illicit relationship with the accused Manmohan Barman and he has instituted a divorce case at Family Court, Guwahati in 2006. The case is still pending.