BAHARAN BIBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7.6.1997 passed by the Addl. Sessions Judge, Dhubri in Sessions Case No. 40/94, whereby the accused appellants were sentenced to Rigorous imprisonment for life and to pay a fine of Rs. 1,000 each, in default to rigorous imprisonment for one year for the offence under Section 302 IPC and to suffer another two years rigorous imprisonment for the offence under Section 201 IPC and to pay a fine of Rs. 500 each in default to another three months rigorous imprisonment. The sentences were directed to run concurrently.

(2.) THE prosecution story of the case in brief is that the accused appellant Baharan Bibi was married to one Faijal Hoque (since deceased) and they were living together as husband and wife on the bank of a river. The said Faijal Hoque was found missing since 15th August, 1990. The wife was asked about Faijal Hoque but she gave out different stories. Subsequently, she confessed before the Secretary of the V.D.P. and others that her husband has been killed by her paramour.

(3.) IN view of the above evidence of the Doctor, learned counsel for the appellant has submitted that the prosecution has failed to establish the identity of the dead body and as such the appellants are entitled to acquittal. The prosecution witnesses on recovery of the dead body had seen the same, and all of them have deposed that the dead body was that of deceased Faijal Hoque. There was no cross -examination of the witness on that point. Moreover the investigating police officer has stated that even the dead body was identified by the accused Baharan Bibi before him and this part of the evidence was also not challenged. Although the body was de -composed but from the cloth etc. the dead body was identified as that of Faijal Hoque not only by the witnesses but also by his wife. We, therefore, find no force in the submission. In the case of corpus delicti even conviction can be entered into.