AZIM UDDIN PARAMANIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Mahajan, learned counsel for the appellant. We have also heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State. None has appeared for the informant in this case.

(2.) Assailing the impugned judgment dtd. 21/5/2015 passed by the learned Sessions Judge, Kokrajhar in Sessions Case No. 97/2010 convicting the sole appellant under Sec. 302 of the IPC on the charge of murdering his wife and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs.10,000.00 and in default to undergo rigorous imprisonment for one year, the present appeal has been preferred.

(3.) The prosecution case, in a nutshell, is that on 14/1/2019 an ejahar was lodged before the Officer-in-Charge of Fakiragram Police Station by Md. Idris Ali Akand reporting that his daughter Musstt. Earon Bibi had been given away in marriage to Md. Azim Uddin Paramanik of Dhepdhepi village 4/5 years ago as per Muslim Shariat by executing Kabin Nama. On 11/1/2009 he was informed that Musstt. Earon Bibi had gone missing from her matrimonial home since the night of 8/1/2009. Since then they had been searching for her in the nearby houses of kith and kin. On 14/1/2009, at about 07:00 a.m. in the morning, his son Md. Ayub Hussain saw two dogs digging the sand in the alluvial land near the river Gangeya and became suspicious. Coming nearer he had dug out with his hand cloths of the victim. The matter was then informed to the Officer-in-Charge of Sithila Police Outpost. Later, the sand in that spot was dug out in presence of police and magistrate and the dead body of his daughter was recovered. The informant had also stated that he suspected Md. Azim Uddin Pramanik, son of Md. Majibar Pramanik to have killed his daughter and kept the body buried on the bank of river Gangeya in collusion with the other accused persons, viz. Md. Jabed Ali Akand, Musstt. Aziran Bibi, Md. Jahan Miyan and Md. Majibar Pramanik.