ABDUL HAQUE MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) We had allowed the appeal of the appellant and had acquitted him but had observed that the reasons therefore would be recorded later on. We proceed to record reasons.

(2.) Abdul Haque Mazumdar was convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.3,000/- in default to suffer rigorous imprisonment for two years more by Sessions Judge, Hailakandi vide judgment dated September 24,1998 after recording a finding that he had murdered his wife Mst. Anowara Begum. The conviction was recorded on circumstantial evidence, namely the deceased was found lying dead in the living room of the house where the accused husband of the deceased also used to stay, (ii) PW2, PW 3 and PW 4, namely Kazi Jamal Uddin, Jalal Uddin and Kaji Nasir Uddin'had allegedly heard cry of the deceased and they had seen the accused escaping from the room; (iii) the weapon of offence, i.e. Bati Dao ( a knife by which one cuts vegetables, fish etc.) was lying near the dead body.

(3.) The prosecution story as unfolded during the trial was that PW 2 Kazi Jamal Uddin, who is the brother of the deceased, gave a written report at Police Station, Katlicherra on January 17,1996, at about 4.30 P.M. in which it was mentioned as under (translated into English): <FRM>JUDGEMENT_600_GAULT2_2001Html1.htm</FRM>