BAHARAN BIBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7-6-97 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. 1,000.00 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. 500.00 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 wif 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, namely, Hasen Ali and the dead body was recovered from the river Jinjiram in a decomposed state. The blood-stained clothes and the weapon of assault etc. were seized on being led by the accused persons and the two accused persons were tried for the offence under Section 302/34, IPC. On conclusion of the trial, the learned Sessions Judge convicted the two accused-appellants under Sections 302 and 201, IPC and sentenced them to imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for two years and to pay a fine of Rs. 500.00 for the offence under Section 201, IPC. Both the sentences were to run concurrently. Hence the present appeal.

(3.) In the present case, there is no eye-witness to the occurrence and the entire prosecution story rests upon the circumstantial evidence and extra-judicial confession and discovery under Section 27 of the Evidence Act. The incident took place on 15/08/1990 and the dead body was recovered after 8/9 days and the post-mortem was held by Dr. K. N. Deka on 21-8-90. The Doctor, P.W.-12 stated as follows: