ZAKIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 7.8.2006 passed by the learned Sessions Judge, Bongaigaon, in Sessions Case No.23(6)2005. convicting the accused appellant under section 302, IPC, for committing murder of his second wife, Sajeda, and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000, in default of payment of fine to undergo rigorous imprisonment for another term of six months.

(2.) We have heard Mr. G.S. Sarkar, learned counsel for the accused appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam.

(3.) The prosecution case, in brief, is that on 4.4.2000 an FIR was lodged by one Md. Nabab Ali, stating that at about 12 noon on that day, Md. Zakir Hussain, Sheikh had stabbed his second wife to death with a dagger in his father-in-law's house and that the villagers had apprehended and handed over him to the police. Based on the aforesaid, Bijni PS Case No. 39/ 2000 under section 302, IPC was registered, consequent upon the FIR being forwarded by the Officer-in-Charge of Panbari Police Out Post to whom the information was given by the aforesaid Md. Nabab Ali, a cousin of the deceased. After the investigation was completed, charge sheet was submitted and the case being exclusively triable by a Court of Sessions the learned Sub-Divisional Judicial Magistrate, Bijni, vide his order dated 11.3.2005, in GR Case No.57/ 2000, committed the case to the Court of Sessions, Bongaigaon, wherein Sessions Case No.23(B)2005 was registered. The learned Sessions Judge framed charge under section 302, IPC and the same being explained to the accused appellant, he pleaded not guilty and claimed to be tried.