ABDUL NOOR @ ABDUR NOOR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Challenge here is to the judgment and sentence dated 20.04.2015, passed by the learned Sessions Judge, Karimganj in Sessions Case No. 63/2013 convicting the accused appellant Abdul Noor @ Abur Noor u/s 304 B of the IPC and sentencing him to R. I. for 7 years and to pay fine of Rs. 1000/- in default to undergo R.I. for another 1 year.

(2.) The projected case of the prosecution, sans unnecessary details, is that the daughter of the informant namely Fazila Begum was married off to the accused appellant, and after the marriage both of them started living together as husband and wife in the matrimonial house of the of the accused appellant situated at village-Dalugang, under R.K. Nagar Police Station. After about 1 year, acrimony had started brewing in their marital relationship. According to the prosecution, the accused appellant tortured his wife both mentally and physically demanding dowry from her and some of the demands were fulfilled. On the morning of 7.12.2012, the father of the deceased woman was informed by the father of the accused appellant about the tragic death of his daughter and on getting the information he immediately proceeded with his other family members to the house of his daughter and saw the dead body of his daughter with mark of injuries on her face. Suspecting murder an FIR was lodged by him with the O/C, R. K. Nagar Police Station on the basis of which R. K. Nagar P.S. Case No.89/2012 u/s 302/304-B of the IPC was registered and on completion of investigation charge sheet was submitted against the accused appellant under the said sections.

(3.) Trial of the case u/s 302/304 B IPC commenced before the learned Sessions Judge, Karimganj during which the prosecution examined 7 witnesses including the official witnesses. The plea of the defence is that there was no demand for dowry as alleged and the wife (deceased) of the accused appellant was suffering from Epileptic disorder due to which she fell down from the bed and dashed against the lower wooden portion of the door as a result of which she sustained the injuries which resulted her instantaneous death. In support of the defence, the accused appellant examined 2 witnesses.