NALIDAT KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17.08.2009, passed by the learned Additional Sessions Judge, Barpeta, in Sessions Case No.134/2006. By the impugned judgment and order, the learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and pay fine of Rs. 2000.00 in default suffer simple imprisonment for another period of 2 (two) months for his conviction under section 302 IPC. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this Appeal.

(2.) We have heard Mr. A. M. Bujorbaruah, learned counsel appearing for the appellant and Mr. Z. Kamar, learned Public Prosecutor appearing for the State respondent.

(3.) The prosecution case, in brief, is that, on 17.10.1998, the appellant, with a promise to marry, took with him Musstt. Noorjahan Khatoon (hereinafter called the deceased) and entered into a marriage. But due to torture and ill treatment meted out to her, by the members of the family of the appellant, she returned to the house of the informant, who is her maternal uncle. On 21.10.1998, at about 8 p.m., while she was sleeping, the appellant, by calling again took her away. Subsequently, her dead body found hanging from a tree. The prosecution version is that she was killed, by strangulation, by the appellant along with other accused persons (since acquitted).