LAWS(GAU)-2015-9-21

MUNNAF ALI Vs. STATE OF ASSAM

Decided On September 01, 2015
Munnaf Ali Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 06.08.2011, passed by the learned Addl. Sessions Judge, Kamrup, Guwahati in Sessions Case No. 144(K)/2009 convicting Sri Munnaf Ali (hereinafter referred to as the accused person) of offence U/s. 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 1000/ - (one thousand). It may be stated here that the judgment in question remains silent regarding the imprisonment which the appellant is to undergo in the event of his failure to pay the fine.

(2.) BEING aggrieved by and dissatisfied with the aforesaid judgment, the appellant has preferred this appeal citing several infirmities in the judgment under challenge.

(3.) THE case, projected in the F.I.R. dated 20.02.2007 and in subsequent trial, in short, is that on 20.02.2007 one Dudu Mian lodged an F.I.R. with I/C., Jorshimalu Police Out Post stating that his daughter Maina Khatun (since deceased) was socially married of to the accused person sometime in 2002. After her marriage, she started living with the accused person as husband and wife. However, the accused person started torturing his wife both physically and mentally sometime after the marriage for which the wife of the accused person had to leave her matrimonial house several times.