JARINA KHATOON Vs. STATE OF ASSAM

JUDGEMENT

(1.) Accused Azim Ali and Jarina Khatoon had been convicted under sections 302 & 201 read with section 34 of the I.P.C. vide judgment dated 26-4-1986 passed by the Sessions Judge, Dhubri in Sessions Case No. 7(D)/1985 arising out of G.R. Case No. 857/84.

(2.) Md. Azizur Rahman father-in-law of deceased Nasimuddin lodged the F.I.R. on 27th July, 1984 alleging that his daughter Musstt. Jarina Khatoon and Azim Ali murdered Nasimuddin and buried the dead body inside the house. Exhibit 1 was the F.I.R. During investigation the dead body was disentered from inside the house of Jarina Khatoon on 27-7-1984 and post mortem examination was held. Dr. Abdul Majid (P.W. 12) held post mortem examination. Sixteen wounds on the body of the deceased over forehead, left and right nostrate, right Mandibula region, right cheek, right ear, right plura, right shoulder and left eye; and 6 penetrating injuries placed on the sternum upper third, epigastrium region, left limber region, right hypochondrium and below the castral margin were found. Abdomen-petronium was full of blood, intestine tom transversely about 2, liver ruptured gall bladder ruptured, gestra haphatic omentum was tom vertically, spleen cut transversely 1, frontal bone above the spleen was fractured and right mandible fractured. The medical expert opinion that death was due, to shock and hemorrhage as a result of injuries which were homicidal and ante-mortem. Trial court accepted the opinion of the doctor. In view of the nature of multiple incised and penetrating wounds, we fully endorse the finding of the trial court and accepted the opinion of the doctor.

(3.) There was no dispute on the fact of death of Nasimuddin in the night of 26127th July, 1984. The dead body was buried inside his house, and was disentered in the afternoon of same day.