HAFIJUR RAHMAN (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Mr. A. Ahmed, learned counsel for the appellant. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State/ respondent No.1. None has appeared for the respondent No. 2.

(2.) By the judgment and order dtd. 11/12/2020 passed by the learned Sessions Judge, Bongaigaon in connection with Sessions Case No. 17(BGN)/2017 the sole appellant was convicted under Sec. 302 read with Sec. 498(A) of the IPC. For the offence committed under sec. 302 IPC, the appellant was sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5000.00 , in default, to suffer simple imprisonment for 3 (three) months. For the offence committed under sec. 498-A IPC, the appellant was sentenced to undergo imprisonment for 2 (two) years and to pay fine of Rs.2000.00 with default stipulation.

(3.) On 24/12/2016, an FIR was lodged by Sri. Guddu Ali, the younger brother of the victim, informing the Officer-in-Charge of the North Bongaigaon Police Station that the appellant/ accused No. 1 had got married with his elder sister viz. Musstt. Mamata Khatun (victim) about three months back. Since the time of her marriage the accused person has been torturing his sister physically and mentally, demanding properties. On 19/12/2016, at about 02:00 a.m. the accused No. 1, with the assistance of accused No. 2, had poured kerosene oil on the body of the victim and set her on fire with the intention of killing her. At present the victim was undergoing medical treatment in a critical condition in the Lower Assam Hospital. In the ejahar dt. 24/12/2016, the appellant Md. Hafizur Rahman was shown as accused No. 1 whereas Md. Saifor Ali was named as the accused No. 2.