IMRAN HUSSAIN AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 3rd November, 2006 in Sessions Case No. 20(DM)/2004 passed by the learned Sessions Judge, Darrang, convicting the 5(five) accused/appellants under Sections 498(A)/34 IPC as well as under Sections 304-B/34 IPC. They have been sentenced to undergo rigorous imprisonment for 1 (one) year for the offence under Sections 304-B/34 IPC. As regards the conviction under Sections 498(A)/34 IPC, they have been sentenced to undergo rigorous imprisonment for 1 (one) year, each, with fine of Rs. 2,000/- (Rupees Two Thousand), each, and in default further rigorous imprisonment for 6(six) months. Both the sentences are to run concurrently and the period already undergone during trial is to be set off under Section 428 Cr.P.C. The 5(five) accused/persons are (1) Md. Imran Hussain; (2) Md. Farooque Hussain; (3) Md. Altaf Hussain; (4) Mrs. Paribanu Begum @ Parijan Nessa and (5) Mrs. Laily Begum, out of which the accused/appellant No. 3, Md. Altaf Hussain, expired on 19th November, 2010 during the pendency of this appeal. Be it stated here that the accused/appellants are on bail pursuant to the order passed on 27th September, 2007 in Criminal Misc. Case No. 476/2007.

(2.) Dalgaon Police Station Case No. 177/2001 was registered under Sections 304-B/302/34 IPC on the basis of the FIR lodged on 5th August, 2009. The FIR was lodged by PW-1, Afroja Ahmed (Begum); the mother of the victim. As stated in the Fir, her daughter was given on marriage with the accused/appellant No. 1, Md. Imran Hussain on 6th March, 1999. It was alleged that ever since the marriage was performed, the persons named in the FIR used to torture her on demand of do wry. In such circumstances, the victim had visited her mother's house on several occasions. However, her family members kept her in her in-law's house, to maintain good family relationship. As stated in the FIR* the informant could come to know that on the previous night, the accused persons named in the FIR, poured Kerosene oil on the body of the victim and set her on fire. Immediately she was shifted to Mangaldoi Civil Hospital, wherefrom she was taken to Gauhati Medical College & Hospital. However, she died on the date of lodging the FIR, i.e. on 5th August, 2009. The persons named in the FIR are as follows:--

(3.) Thus, in the FIR, the appellant No. 5, Ms. Laily Begum, sister of the husband was not named. In due course, on receipt of the FIR investigation was carried out and on completion of the same, charge-sheet was submitted against the accused persons to face trial under Sections 302/34 IPC. However, the trial Court framed charges against the accused/appellants under Section 498(A)/34 IPC as well as under Sections 304-B/34 IPC and the same was read over and explained to the accused on which they pleaded not guilty and claimed to be tried.