ALOM MIAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, who has appeared on behalf of the State of Assam. None has appeared for the informant.

(2.) Assailing the judgement dtd. 19/03/2019 passed by the learned Sessions Judge, Bongaigaon, in sessions case No. 103 (BGN)/2017 whereby, the sole appellant has been convicted under Sec. 302 of the Indian Penal Code (IPC) for committing the murder of his wife and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000.00 with default stipulation, the instant appeal has been preferred.

(3.) The prosecution case, in a nutshell, is that the accused/appellant has murdered his wife Fajila on the midnight of 15/11/2011 by cutting her neck with a sharp weapon. The father of the deceased Md. Forat Kha (PW-1) had lodged an ejahar before the In-charge of the Bidyapur Police Out Post on 16/11/2015 reporting that his daughter Fajila was married to the accused No.1 about 15 years ago and after the marriage, she gave birth to two children. At around 5 A.M. on that day, his nephew had informed him over phone that at about 12 midnight yesterday i.e. on 15/11/2015, the accused person, on the pretext of family dispute, has killed his daughter by cutting her neck with a sharp knife. Then he went to the place of occurrence and found his daughter dead. Her body was taken to Bidyapur Police Out Post. As such, a request had been made to take necessary action in the matter.