MD ANARUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE order of conviction and sentence rendered by the learned Sessions Judge, Morigaon in Sessions Case No.73 of 2003 on 18.3.2004 is under challenge in this appeal. The appellant was convicted under Section 306 IPC and sentenced to undergo rigorous imprisonment for seven years and fine of Rs.3000/- in default another rigorous imprisonment for one year.

(2.) ADVERTING to the prosecution story it is to state that one Ms. Anjuma Begum of Damdua, who allegedly took poison, was admitted in the Morigaon Civil Hospital. The Officer Incharge, Morigaon Police Station, on being informed over phone, made a G.D.Entry No.613 dated 21.11.2001 and also registered a crime being Morigaon P.S.Case No.108/01 under Section 306 IPC. The police again received information over telephone that the said girl died and accordingly another GD Entry was made. A Miscellaneous diary was opened and on being directed by O.C. one S.I. of police rushed to the Civil Hospital and performed the inquest on the dead body and issued a requisition for post mortem examination. Thereafter the said police S.I.visited the place of occurrence. He received a written Ejahar at the place of occurrence from one Nilima Begum stating therein that since last 4/5 years there was a love affair and intimacy between her sister Anjuma Begum and accused Anarul but the accused, at the same time, had developed love and intimacy with another girl. On 21.11.2001, when the accused visited informant's house, her sister enquired from him about his love affair with another girl whereupon some hue and cry took place between them. Hearing the hue and cry, when she ran to them, she found her sister taking something and falling down on the ground. She saw the accused immediately fleeing away from the place and she brought her sister to civil hospital where she expired. The I.O. collected the post mortem report and after completion of investigation submitted chargesheet under Section 306 IPC against the accused appellant. The concerned CJM committed the case to the court of Sessions, Morigaon, who, in his turn, having found prima facie case, framed charge against the appellant under Section 306 IPC which was read over and explained to him. The accused appellant pleaded not guilty and desired to face the trial.

(3.) P.W.1, Nilima Begum,informant, is the eldest sister of the deceased. She deposed that the occurrence took place on 21.11.2001 at 8 AM at the veranda of their house. She was attending tuition in a neighbouring house. She came to the place of occurrence after hearing hue and cry. As per her evidence accused Anarul, taking the container at his hand showed it to her younger sister and told that Anjuma consumed poison. She is not an eye witness to the incident of taking poison by her victim sister. Police seized the container of poison, some love letters, some covers of tablets containing some tablets which are allegedly used for abortion. She put her signature on the seizure list as a witness and she proved her signatures.