SATTAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The learned senior counsel Mr. HRA Choudhury, assisted by Mr. A. Ahmed, Advocate appearing for the appellant and the learned Additional Public Prosecutor Ms. B. Bhuyan as well as Mr. M.U. Mondol, learning counsel appearing for the informant-respondent no. 2 were heard.

(2.) This appeal is directed against the judgment and order dated 18.07.2018 passed by the learned Additional Sessions Judge, Bilasipara in Sessions Case No. 26 of 2008, whereby the appellant was convicted under Section 302 IPC and sentenced to rigorous imprisonment for life and fine of Rs.15,000/- with default stipulation.

(3.) Prosecution case in brief was that the deceased Sahiton Nessa, cousin sister of the informant, was given in marriage to the appellant Sattar Ali, who were living in the homestead of Montaz Ali. The appellant Sattar Ali was trying to compel the deceased to engage in prostitution. As the deceased declined to engage in such immoral activities, she was threatened to kill and eventually on 24.03.2003 the present appellant along with Montaz Ali, Mohor Ali, Asraf Ali and some other villagers killed the deceased Sahiton Nessa. PW-2 Malbor Hussain having receipt the information about the death of the victim immediately arrived at the place of occurrence and lodged the FIR (Exhibit-1), on the basis of which Police registered Bagribari P.S. Case No. 31/2003 under Sections 143/376/511/302 IPC.