MD. ANOWAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 19/8/2016 in Criminal Appeal No. 100 (J) of 2013, whereby the Gauhati High Court dismissed the appeal against the judgment and order dtd. 18/7/2013/25/7/2013, as passed by the Court of Sessions, Goalpara in Sessions Case No. 96 of 2012, whereby the appellant was held guilty of the offence under Sec. 302 of the Indian Penal Code, I860[1] and was awarded the punishment of imprisonment for life and fine of Rs.5,000.00 with default stipulations.

(2.) Before dealing with the matter in necessary details, we may draw a brief outline to indicate the contours of the forthcoming discussion.

(3.) With reference to the outline as above and looking to the questions arising for determination in this appeal, the relevant factual and background aspects could be noticed, in brief, as follows: 3.1. As per the prosecution case, the deceased Samina Begum was married to the appellant about 3 years prior to the date of the incident and was living with the appellant in village Kursapakhari Part II (Kumarkhali), falling within the jurisdiction of Police Station, Lakhipur, District Goalpara, Assam. It has been alleged that on 22/10/2010 at about 4:00 p.m., PW-1 Md. Akbar Ali brought the dead body of Samina Begum to the said Police Station, Lakhipur and lodged an ejahar (Ex. 1) stating that the deceased was the daughter of his nephew and was married to the appellant but, ever since the marriage, the appellant had been inflicting physical and mental torture on her; and that day (i.e., on 22/10/2010) at around 12:00 noon, the appellant assaulted the deceased with lathi and bare hands, as a result of which she died. It was further stated by the informant that the incident was an outcome of the conspiracy hatched by the appellant along with other accused persons, namely Sanowar Hussain (brother of the appellant), Rabia Khatun (mother of the appellant), Zabeda Khatun (sister-in-law of the appellant), and Md. Rajab Ali (relative of the appellant). On the basis of the ejahar so made by PW-1 Md. Akbar Ali, FIR No. 398 of 2010 was registered at the said Police Station, Lakhipur for offences under Ss. 498-A, 302, 120-B IPC.