JAMIRUDDIN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 11.02.2005, passed by the learned Additional District & Sessions Judge (Ad-hoc) F.T.C., Nagaon in Session's Case No. 259(N)/2003, arising out of G.R. Case No. 1019/2003 (corresponding to Raha P.S. Case No. 73/2003), under Section 302 IPC.

(2.) BY the impugned judgment and order, the learned Addl. District & Sessions Judge convicted, Shri Jamiruddin Ali (hereinafter referred to as the appellant) under Section 302 of the Indian Penal Code (for short, the 'IPC') and sentenced him to suffer imprisonment for life and pay fine of Rs. 2,000/-(Rupees two thousand) only, in default, suffer rigorous imprisonment for another period of 6 (six) months for committing murder of his own wife and also convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and pay fine of Rs. 2,000/ (Rupees two thousand) only, and in default, suffer rigorous imprisonment for another period of 6 (six) months for committing the murder of his minor daughter, by throwing her into river. It was directed that both the sentences shall run concurrently.

(3.) THE prosecution case, in brief, is that Mustt. Sahera Khatun (in short the, "deceased) was married by the appellant, about five years prior to the date of the occurrence. Out of the said wedlock, a daughter was born to the said couple. At the time of occurrence, the said daughter, namely, Ms. Dilduwa Khatun, was 7 months old. On the fateful night of 13.06.2003, the said couple, alongwith their said minor daughter were living together, in their house and on the same night, at about 11.00 p.m., the appellant caused death of his said wife by inflicting injuries on her and thereafter killed his minor daughter (Dildua Khatun) by throwing her into the river 'Kalang'. THE appellant was apprehended by the villagers and he made confession before the villagers admitting his guilt that he had killed the deceased as well as his said minor daughter.