JAHIRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal under Sec. 374 (2) of the Code of Criminal Procedure (Cr.P.C. for short) is preferred against the judgment and order dtd. 30/8/2018 and 1/9/2018 passed by the Additional Sessions Judge, Goalpara in connection with Sessions Case No. 68/2015 convicting the accused-persons Jahirul Islam and Azad Ali u/s 302/34 of the Indian Penal Code (IPC for short), sentencing them to undergo imprisonment for life and to pay a fine of Rs.5,000.00 with default stipulation.

(2.) The genesis of the case was that, about five years ago, Danesh Ali's daughter Mustt. Sahinur Khatun was married to Jahirul Islam. From the threshold of her marriage, Sahinur Khatun was subjected to mental harassment. On 22/9/2012, Jahirul assaulted and killed his wife at the behest of his father Azad Ali. In a subterfuged manner, Jahirul Islam informed his father-in-law Danesh Ali (hereinafter referred to as the informant) that Sahinur's body was found to be numb and lifeless. Immediately, Danesh Ali rushed to his son-in law's house and found his daughter's body lying on the floor. Both the accused Jahirul and Azad Ali were missing. Danesh Ali then lodged the FIR with the police at Lakhipur P.S. This FIR was registered as Lakhipur P.S. Case No. 532/2012 u/s 120B/302/34 IPC and the Investigating Officer (IO in short) embarked upon the investigation.

(3.) After completion of investigation charge-sheet was laid against the accused u/s 120B/302/34 IPC. After commitment of this case, trial commenced and a formal charge u/s 120B/302/34 IPC was framed and read over and explained to the accused, who adjured their guilt and claimed innocence.