ABUL KALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Konwar, learned Senior Counsel for the petitioner assisted by Ms. V.V. Thanyu. Heard Mr. M.P. Goswami, learned Additional Public Prosecutor representing the State respondent no. 1 and Mr. A.T. Sarkar, learned counsel for the respondent no. 2/informant.

(2.) In appeal, the appellant has challenged the judgment and order dtd. 27/11/2020 passed in Sessions case No. 139/2017 by the learned Sessions Judge, Dhubri, whereby the learned Judge convicted Abdul Kalam Sk. (hereinafter referred to as the appellant or the accused) for the offence under Sec. 304(B) of the Indian Penal Code, 1860 (IPC for short) and sentenced him to undergo rigorous imprisonment for ten years. The period of custodial sentence is set off with the period of detention of the appellant during investigation as well as trial.

(3.) The genesis of the case was that the appellant was married to Minara Khatun on 5/2/2014 and their marriage was registered on the same day. Two months after their marriage the appellant and his family members subjected Minara Khatun (hereinafter also referred to as the deceased or the victim) to cruelty to meet their illegal demand of dowry. They also attempted to commit murder of the victim. A bichar (meeting) was also held and the victim continued with her marital life. However, on 29/7/2014 at about 09:00 p.m., the appellant and his family members relentlessly assaulted the victim and killed her as she failed to meet their illegal demand of dowry. The appellant at about 12:00 o'clock midnight informed Pinku Haque about the death of the victim. Mokbul Hussain (hereinafter the informant) is the victim's and Pinku Haque's elder brother.