CRL.A(J) 113/2013. Gauhati High Court

Case Number:CRL.A(J) 113/2013
Judgement Date:February 23, 2021
Court:Gauhati High Court

IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM; NAGALAND; MIZORAM & ARUNACHAL PRADESH)

CRIMINAL APPEAL(J) 113/2013

Dayal Kurmi ------ Appellant

-versus-

State of Assam ------- Respondent

BEFORE

HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

Advocate for Appellant :: Dr. B. Gogoi, Amicus Curiae

Advocate for the Respondent :: Mr. K. Konwar, Addl.PP, Assam

Date of Hearing :: 23.02.2017

Date of delivery of Judgment :: 23.02.2017

JUDGMENT & ORDER (Manojit Bhuyan, J)

  1. The sole appellant Dayal Kurmi has been convicted under Section 302 of Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- with default stipulation for causing the death of his wife Kaushalya Kurmi.

  2. According to the prosecution case, on 10.06.2012 at around 3 AM, the appellant set fire to his wife while she was sleeping. A bamboo stick wrapped with cloth at one end and immersed in kerosene oil was used for the purpose. The appellant ran away from

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    the place of occurrence and was subsequently apprehended by villagers and then handed over to the police.

  3. Ejahar (Ext.-2) was lodged by Biseswar Kurmi before the Bordubi Police Station, Tinsukia on 12.06.2012. Biseswar (PW-3) is the younger brother of the appellant. In the said ejahar PW-3 stated that his elder brother Dayal Kurmi set his own wife ablaze by pouring kerosene over her while she was sleeping on her bed and thereafter fled. Their only son Narayan Kurmi (PW-5) got alerted by the flame and his mother’s screams and along with the other family members could somehow save her from imminent death. She was taken to Tinsukia Civil Hospital by means of 108 Ambulance service and thereafter to AMCH Dibrugarh, where she was in critical state. The said ejahar was registered as Bordubi P.S. Case No. 38/2012 under Section 307 IPC. Prafulla Bora (PW-7) was entrusted with the preliminary investigation of the case. On receipt of the ejahar, he proceeded to the place of occurrence, although by that time the victim was at AMCH, Dibrugarh. Witnesses were examined and one bamboo stick wrapped with burn clothes at one end was seized vide Ext.1 Seizure List. Mat. Ext.1 was the bamboo stick seized by PW-7. The appellant Dayal Kurmi was apprehended by villagers and brought to the house whereupon he was taken into custody and forwarded to the Court. In the house of the victim he learnt that she has expired. Charge-sheet (Ext.5) was submitted against Dayal Kurmi...

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