SAFIQUL ISLAM @ SOFIKUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Safiqul Islam has been convicted under Section 304B/302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs.10,000/- with default stipulation.

(2.) The victim of incident was Kulsum, aged 19 years.

(3.) According to the prosecution case, Kulsum was married to appellant just 28 days prior to the date of incident. And, on 17.6.09, she was killed by him in his house for not bringing appropriate dowry. Uncle Suruj Miah (PW-1), Aunt Sayeda Begum (PW-7), father Kalu Miah (PW-8) and mother Joytan Nessa (PW-9) of Kulsum were informed by the brother of appellant that her condition was serious. They, therefore, went to the house of appellant and found her dead body there. They also found an injury on her forehead. Suruj Miah made the ejahar exhibit 5 at Police Station Barpeta. In the ejahar, he alleged that Kulsum was murdered in a planned manner by the appellant and his family members by torturing her, because their demand for dowry could not be fulfilled. Sub Inspector Sahjahan Ali (PW-11) on receiving the ejahar immediately went to the place of occurrence and recorded the statement of witnesses. He was also accompanied by an Executive Magistrate, who prepared the inquest report exhibit 1 of the dead body. As per inquest report, but for one cut mark on the left side of face, no other injury was found. Sahjahan Ali then referred the dead body to Barpeta Civil Hospital for post mortem examination.