MD. AFSAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Present appeal is filed by the accused/appellant challenging the judgment and order dated 17.5.08 passed by the learned Sessions Judge, Dhubri in Sessions Case No.159/2004, convicting and sentencing the accused to suffer rigorous imprisonment for life with a fine of Rs.20,000/- under Section 304(B) IPC, in default, simple imprisonment for one year and further convicting and sentencing the accused to undergo R.I. for 2 years under Section 498-A IPC, with further direction that both the sentence would run consecutively.

(2.) The brief fact, leading to filing this appeal, is quoted here-in-below: The accused Afsar Ali married Laily Khatun and after some days of the marriage, he started torturing her for realization of dowry, and thereafter, on 24.2.2002, he caused her death by setting his wife on fire. The victim died sustaining the burn injuries on her person.

(3.) On closing the prosecution evidence, the learned Sessions Judge recorded the statement the accused/appellant in terms of the provisions of Section 313 CrPC. The accused in his statement u/s 313 CrPC took the stand of total denial. Further the accused also declined to adduce any evidence on his defence.