IMAMUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel Mr. N. Uddin appearing for the appellants and the learned Additional Public Prosecutor Mr. M. Phukan, appearing for the State respondent and also Mr. Z. Hammad, learned counsel for the respondent No. 2.

(2.) This appeal is directed against the judgment and order dated 26.08.2019 rendered by the learned Sessions Judge, Nagaon. All the four appellants stood convicted by the said judgment under Sections 302 read with Section 34 of the IPC and sentenced to rigorous imprisonment for life with fine of Rs. 10,000/- each, in default imprisonment for 6 (six) months.

(3.) The case of the prosecution, in a nutshell, is that the deceased Arjuma was married to the appellant Imamul Haque about 12/13 years before the occurrence. After the marriage, the deceased was subjected to physical and mental torture by her husband and the in-laws. On 27.12.2007, the appellants and few others named in the FIR tortured the deceased physically and killed her. Though the appellants tried to suppress the incident, the father of the deceased came to know about the occurrence and lodged the FIR (Ext. 5). On the basis of the said FIR, police registered Juria P.S. Case No. 205/2007 under Sections 304(B)/34 of the IPC and, upon completion of the investigation, submitted the charge sheet against the appellants under Section 304(B)/34 of the IPC.