(1.) THIS Criminal Appeal is directed against the judgment dated 1. 19.06.2009, passed by the learned Additional Sessions Judge (FTC), Barpeta, Assam in Sessions Case No. 103 of 2006, whereby the accused Samsul Mia (Haque) was directed to undergo rigorous imprisonment for six months under Section 498 (A) IPC and fine of Rs. 1,000/- and in default of payment of fine, further period of imprisonment for one month and rigorous imprisonment for life under Section 302 IPC and fine of Rs. 2,000/- and in default convict is directed to undergo imprisonment for another three months. The accused Tota Mia was directed to undergo rigorous imprisonment for life and fine of Rs. 2,000/- and in default convict is directed to undergo rigorous imprisonment for another three months. The case of the prosecution is that the complainant had lodged
(2.) FIR before the OC, Barpeta Police Station on 27.10.2004, alleging that accused Sumsul Mia, married his daughter and after marriage his daughter went to the house of the accused person. He also stated that after the marriage the accused Sumsul Mia started torturing his daughter, both physically and mentally on the plea of dowry and the other accused persons also helped him. In the FIR lodged, the complainant stated that on 25.10.2004 in the early morning, he had gone to the House of accused person and found that the dead body of his daughter was hanging by a rope from a Jamun tree present in the courtyard. Upon seeing the incident, he raised hue and cry and many people gathered there. On seeing the people gathering, the accused Samsul's family members fled away from their house. In the said FIR, he further stated that upon hearing about the occurrence, his family members too came to Samsul's house. On 26.10.2004, in the morning, they informed Barpeta thana about the incident and accordingly the thana registered U/D Case No. 69 of 2004 and at about 1 p.m. police took away the dead body of his daughter. Complainant and his family members also saw many injuries in her body. He, therefore, stated that they have learnt from a reliable source that the accused who were named in the FIR had killed his daughter and kept her body hanging from the tree. In the FIR, the complainant mentioned the names of the persons who committed the offence as given below: 1. Samsul Mian (Haque) S/O Jahuruddin Miyan. 2. Tota Miyan S/o Jaharruddini Miyan.
(3.) AKSHED Ali S/o Jaharruddini Miyan.