ABDUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Brief Facts: This appeal takes an exception to the judgment and order dtd. 27/7/2022 passed by the learned Sessions Judge, Kamrup (M), Guwahati in connection with Sessions Case No. 256 of 2016 convicting Abdul Haque and Rajema @ Rajia Begum u/s 304B of the Indian Penal Code (IPC in short) and sentencing them to Rigorous Imprisonment for 7 years. The other co-accused who were acquitted from charges u/s 304B IPC. Abdul Haque will also be referred to as A1 or accused and Musstt. Rajema @ Rajia Begum will also hereinafter be referred to as A2 or accused.

(2.) The genesis of the case was that Nilima Begum (hereinafter also referred to as the victim or deceased) was married to Abdul Haque. Abdul Haque and his family members subjected the victim to cruelty and two months prior to the incident, they demanded Rs.50,000.00 as dowry. As the victim failed to fulfill their illegal demand of dowry, she was subjected to immense cruelty and finally she was eliminated. The victim's sister lodged an FIR with the police which was registered as Fatasil Ambari P.S. Case No. 317 of 2011 and Keshab Ch. Tamuly was entrusted with the investigation.

(3.) The Investigating Officer (IO in short) embarked upon the investigation. He went to the place of occurrence (PO in short), prepared the sketch-map and recorded the statements of the witnesses and arrested the accused. After completion of investigation, charge-sheet was laid against the accused, namely, Abdul Haque, Musstt. Rajema @ Rajia Begum, Md. Karim Ali @ Karim Khan and Samir Ali @ Saru Ali.