SRI ABDUL AWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant is aggrieved by the conviction and sentence dated 9-9-2005 passed by the learned Sessions Judge, Morigaon in Sessions Case No.99/2004.

(2.) ON 15-10-2002 a First Information Report (FIR) was lodged by one Rustom Ali to the effect that around 7 p.m. on the previous day (on 14-10-2002) his younger sister Musstt Mojida Khatun, wife of the appellant, committed suicide by taking poison. He, therefore, requested the officer in charge of the concerned police station to take necessary action in the matter.

(3.) THE prosecution examined as many as twelve witnesses in support of its case. Despite this, in our opinion, the prosecution has not been able to make out any case for convicting the appellant. THEre is more than a reasonable doubt whether the appellant had administered poison to the deceased or whether she had consumed the poison on her own.