STATE OF ASSAM Vs. REZAUL HAQUE @ HUSSAIN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 02.07.2009 passed by the Sessions Judge, Dhubri in Session Case No. 91 of 2006 acquitting one Md. Razaul Haque @ Hussain (herein referred to as "accused person") of offences under Section 302 IPC citing several infirmities' in the judgment impugned. The facts which have emerged during the trial and which are necessary for disposal of the present appeal, in brief, are that one Mumtaz Begum, sister of the informant, was married by accused Md. Razaul Haque @ Hussian sometime in 2003. After the marriage, the accused person allegedly started torturing his wife, both physically and mentally. Such tortures were aimed at forcing family members of the wife of the accused person to meet his demand for the dowry. Such tortures become so unbearable that she had to withdraw from the matrimonial house and to take shelter in the house of her father.

(2.) A few days before the deceased met her death, she, unable to bear the torture perpetuated on her by her husband, left her matrimonial house and took shelter in the house of her father. On 10.11.2005, the accused came to the house of his father -in -law and took his wife back to his house presumably to live with her peacefully. However, on the night of 13.11.2005, one Abed Ali and Abu Sama came to the house of the informant and reported them that his sister was no more. Since his sister died all of a sudden and without there being any disease whatsoever, they suspected that the accused persons had killed her.

(3.) Md. Afzal Hussain, the brother of the deceased, lodged an FIR with in - charge, College Nagar Police outpost on 14.11.2005. The -in-charge, College Nagar Police outpost, made GD Entry and forwarded the FIR to the Officer-in-Charge, Dhubri Police Station for doing further needful in accordance with law. On receipt of the FIR, Officer-in-Charge, Dhubri Police Station registered a case vide Dhubri Police Station case No. 395 of 2005 under Section 302 IPC and ordered one R. Malaki to investigate the case,