ALAMGIR SANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.8.1998 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 96(K) of 1995, convicting the accused-appellant of the offence under Section 304B of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for 14 (fourteen) yeans. The learned Sessions Judge, however, acquitted the accused of the charge under Section 302 of the Indian Penal Code.

(2.) The prosecution case, in short, is that on 14.2.1995 at about 5 p.m., Dispur Police Station received a telephonic message from one Dr. Kalpana Sarma (PW-1) to the effect that one woman had committed suicide by hanging. On the basis of the said information, General Diary Entry No. 833 was registered in the said police station and Shri Narendra Nath Medhi, Sub-Inspector of Police proceeded to the place of occurrence and found the deceased Dr Anjuma Ara alias Munni lying dead on the bed. Subsequently, the father of the deceased Shafi Ahmed (PW- 7) who was then serving as Sub-Divisional Officer, Telephones at Mangaldoi submitted a written information (Ext. 1) stating that his daughter Anjuma Ara had committed suicide. On receipt of the said information in writing, the [police made arrangements for holding post-mortem examination on the dead body on the next day and an Unnatural Death Case No. 9/95 was registered in respect of the occurrence. After the post-mortem examination, the dead body was taken to Gopalganj in Bihar for the purpose of burial.

(3.) It is the further case of the prosecution that on coming back from Gopalganj, Shaft Ahmed, father of the deceased, lodged another written complaint (Ext.2) before the Officer- in-Charge of Dispur Police Station on 22.2.1995 alleging, inter alia, that the deceased Anjuma Ara was murdered by her husband, the accused, on 14.2.1995 for non-fulfilment of dbmands for dowry made by the accused. Thereafter, the police registered a case namely, Dispur Police Station Case No. 157/95 under Section 302/498A of the Indian Penal Code. On completion .of investigation, the police submitted charge sheet and sent the accused for trial. The case being exclusively triable by the Court of Sessions, the same was committed for trial and disposal to the learned Sessions Judge, Kamrup at Guwahati.