MUSST JARINA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Accused Azim Ali and Jarina Khatun had been convicted u/Ss. 302 and 201 read with S.34 of the IPC vide judgment dated 26-4-1986 passed by the Sessions Judge, Dhubri in Sessions Case No. 7(D)/1985 arising out of G. R. Case No. 857/84.

(2.) Md. Azizur Rahman father-in-law of deceased Nasimuddin lodged the FIR on 27/07/1984 alleging that his daughter Musstt. Jarina Khatun and Azim Ali murdered Nasimuddin and buried the dead body inside the house. Exhibit 1 was the FIR. During investigation the dead body was disentered from inside the house of Jarina Khatun on 27-7-1984 and post mortem examination was held. Dr. Abdul Mazid (P. W. 12) held post mortem examination. Sixteen woulds on the body of the deceased over forehead, left and right nostril, right Mandibular region, right cheek, right ear, right plura, right shoulder and left eye; and 6 penetrating injuries placed on the sternum upper third, epigastrium region, left limber region, right hypochondrium and below the castral margin were found. Abdomen-peritonium was full of blood, intestine torn transversely about 2" liver ruptured, gall bladder ruptured, gastrohepatic omentum was torn vertically, spleen cut transversely 1" frontal bone above the spleen was fractured and right mandible fractured. The medical expert opined that death was due to shock and haemorrhage as a result of injuries which were homicidal and ante-mortem. Trial court accepted the opinion of the doctor. In view of the nature of multiple incised and penetrating wounds, we fully endorse the finding of the trial court and accepted the opinion of the doctor.

(3.) There was no dispute on the fact of death of Nasimuddin in the night of 26/ 27/07/1984. The dead body was buried inside his house, and was disentered in the afternoon of same day.