ABUL HASEM Vs. STATE OF ASSAM

JUDGEMENT

(1.) In Sessions Case No. 38(B)/1994 of the Court of Sessions Judge, Barpeta, accused Abul Hasem and Mokshed Ali were charged for commission of offence u/s. 302/201/34, IPC. On conclusion of trial in which as many as nine witnesses were examined, the trial court acquitted accused Mokshed Ali and convicted accused appellant Abul Hasem for the offence u/s. 302/201, IPC and sentenced him accordingly.

(2.) The prosecution case in brief is that Mustt. Majirun Nessa, daughter of the informant was given in marriage to accused appellant Abul Hasem @ Hasen Ali. However, the family members of Hasem Ali did not accept the marriage and as such the couple was not allowed to reside in their house whereupon Hasem Ali brought her to his rented house at Barpeta. The wife Majirun Nessa become untraceable, whereupon after futile search, the father lodged the FIR suspecting foul play. During the course of investigation., the dead body was recovered and thereafter the charge sheet was submitted.

(3.) PW 1 is Dr. Golap Hussain who held the autopsy over the dead body of the deceased found the following injuries :- "