MD. ABUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Md. Abul Hussain has been convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.10,000.00 with default stipulation for committing the murder of his wife Rajina Khatoon, aged 18 years.

(2.) According to the prosecution case, appellant and Rajina had love relations and they were found in a compromising position by the public in the house of Md. Ramzan Ali (PW-12). The public did not approve their such conduct and persuaded them to marry each other. A fine of Rs.20,000.00 was also imposed on Ramazan Ali by the public for allowing them to have physical relations in his house. After marriage, appellant and Rajina lived together in their house. But, the appellant was pressing Rajina to get Rs.20,000.00 from her parents Md. Asmat Ali (PW-3) and Mustt. Jahura Khatun (PW-4), so that, the amount may be given to Md. Ramazan Ali. Rajina, however, could not arrange the money due to which the appellant physically ill-treated her. On the night of 24.1.2008, the appellant along with his mother went to the parents of Rajina and disclosed that she had been missing. On the following morning i.e. 25.1.2008, dead body of Rajina was found in a field about 1/2 km from the house of appellant. An ejahar was lodged by Md. Asmat Ali at Police Station Moirabari, District Morigaon. In the ejahar, he expressed suspicion that appellant might have killed Rajina.The police therefore arrested the appellant and interrogated him. During interrogation, the appellant made confession before a large gathering that he gagged Rajina to death by pressing pillow on her face. The police then seized one cotton pillow on 27.1.2008 from the possession of appellant. The seizure memo in this regard is Exhibit 2.

(3.) On 25.1.2008, Dr. Arun Kumar Nath (PW-15) conducted the postmortem examination on the dead body of Rajina. He did not find even a simplest form of injury or sign of any disease or deformity, fracture and dislocation on the body. The doctor, thus, could not give any opinion on the cause of death of Rajina. He, however, preserved spleen, liver, kidneys and stomach for forensic examination. The report dated 25.11.2008 Exhibit 3 of the Forensic Science Laboratory also confirmed that no poison was found in any of the samples sent.