SAMSUZ SAMAN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 10.12.2010 passed by the learned Sessions Judge, Kamrup, in Sessions Case No. 37(K)/2007 convicting the appellant under Section 302 IPC and sentencing him thereby to undergo rigorous imprisonment for life with fine of Rs. 10,000/- in default, further rigorous imprisonment for 1 year is under challenge in this appeal. We have heard Mr. A.K. Bhattacharyya, learned Sr. Counsel, assisted by Mr. B.M. Choudhury, learned counsel appearing on behalf of the appellant as well as Ms. S. Jahan, learned Addl. P.P., appearing on behalf of the State of Assam.

(2.) Nazeema Ahmed (deceased) was the wife of the accused Samsuzzaman Ahmed and their marriage was solemnised in the year 1998. In the intervening night of 26.10.2006 and 27.10.2006, she was killed by the accused. An FIR was lodged on 27.10.2006 by Nurul Hasan Iftikar Ahmed (PW-6), the brother of the deceased wherein it was alleged that after marriage, Nazeema was subjected to cruelty on demand of dowry. On the basis of the said FIR, Dispur P.S. Case No. 1099 of 2006 was registered under Sections 120(B), 304B and 34 IPC.

(3.) On completion of investigation, police submitted the charge sheet under Sections 120(B)/304(B)/34 IPC against the accused appellant.