HASNA BEGUM Vs. ISLAM KHAN

JUDGEMENT

(1.) WE have heard Ms. K Phukan, learned Amicus Curiae, and Mr. D Das, learned Additional Public Prosecutor, Assam.

(2.) THIS revision has been taken suo motu by the High Court against the judgment and order, dated 04-01-2003, passed, in Sessions Case No. 164(S- C)2001, by the learned Additional Sessions Judge No. 2, Sivasagar, acquitting the accused, Md. Islam Khan, of the charge framed against him under Sections 342, 506 and 302 IPC.

(3.) WHILE staying at the house of her husband, Hasina lodged an Ejahar, in writing, making the allegations as mentioned above against her husband. Treating the said Ejahar, as First Information Report (in short, 'FIR'), Borghat Police Station Case No. 45 of 1998, under Sections 498A/342/302/506 IPC, was registered against the accused. During investigation, police disinterred the skeletal remains of the dead-body of the baby from inside a grave in the compound of the house of the accused and inquest was, then, held over the remains of the dead body of the said baby and the same was also sent for post mortem examination. The cause of death could not be medically determined. However, on completion of investigation, police laid charge-sheet, under Sections 498A/342/302/506 IPC, against the accused.