ABDUL KARIM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 23.12.2011 passed by the learned Sessions Judge, Morigaon, Assam in Sessions Case No. 34/2009 convicting the appellant u/s 302 Penal Code for causing death of his wife Rasida Begum by strangulation. The accused appellant was sentenced to undergo rigorous imprisonment of life and to pay a fine of Rs. 5,000.00 in default, further rigorous imprisonment for six months.

(2.) Heard Mr.HRA Choudhury, learned senior counsel assisted by Mr.S.Borgohain, the learned advocate for the appellant. Also heard learned Addl.P.P. for the State.

(3.) The death of victim Rasida occurred within 5 years of her marriage with the accused. It is alleged by the prosecution that after the marriage there were frequent quarrel between the husband and wife. On two or three occasions, Rasida left her matrimonial home and came to her parental home. However, she was brought to matrimonial home by the accused with the assurance of good behaviour. A day ahead of the incident of death of the victim, there was quarrel between the accused and his wife. The sister-in-law of the accused had cut branches of Bagree tree and as Rasida failed to prevent his sister-in-law (PW 10) from cutting the branches of the Bagari tree, she (Rasida)was rebuked and assaulted by her husband. Rasida called her father (PW 15) over phone and requested him to settle the dispute. She informed her father that she was assaulted by her husband. PW 15 Akash Ali requested Allabox, father of the accused to look after his daughter for one day so that the matter may be settled on the next day by calling other people from the village. Next day, morning, he was informed that his daughter Rasida was killed PW 1. Ms Margina Begum, sister of the deceased, was also informed that her sister was murdered and then she went to the house of the accused. She noticed injury on the dead body and she lodged the FIR. On 26.9.2014 on the basis of the FIR, Morigaon P.S.Case No. 280/2008 u/s 302 read with Sec. 34 Penal Code was registered. On completion of the investigation the police submitted charge sheet u/s 302 Penal Code against the accused Abdul Karim.