ANAM UDDIN (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail against a judgment and order dt. 4/7/2022 passed by the learned Sessions Judge, Karim-ganj in Sessions Case No. 09/2005 whereby the appellant has been sentenced to life imprisonment and to pay a fine of Rs.30,000.00, in default, rigorous imprisonment for a period of 1 year under S. 302 IPC. It was further directed that the period of detention undergone by him shall be set off from the period of sentence awarded to him. The appeal involves the death of the wife of the appellant.

(2.) The criminal law was set into motion by lodging of an Ejahar on 8/11/2004 by the PW7, who is the maternal uncle of the deceased. It was stated that he was informed on 5/11/2004 at about 12/12.30 am that his niece had expired. Thereafter, he had gone to the place of occurrence along with some other persons of the village and found the body hanging by a saree from an iron rod of a post in the roofless room. It was also stated that both her legs were touching the ground and the front side of her body was leaning forward. It was also stated that he learnt from PW5 and PW6 that the appellant, who is the husband of the deceased, had handed over his two children to them after informing the news of the death and fled away and had not returned. It was stated that they had suspected the appellant of killing the deceased and keeping the dead body hanging and thereafter fled away. He had also stated that since he was performing the last rites, the lodging of the FIR got delayed.

(3.) Based on the aforesaid Ejahar, the formal information was registered and investigation was made leading to filing of the charge sheet. It may be mentioned that though the charge sheet was filed under Sec. 304B of the IPC, the charges were, however framed under Sec. 302 of the IPC and on denial thereof, the trial had begun. In the trial, the prosecution had adduced evidence through 9 (nine) nos. of witnesses. There was also a Court Witness. The post-mortem report, photograph of the victim, inquest report, sketch map and other documents were also proved by various witnesses.