ENUS ALI(MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Md. Enus Ali has been convicted for an offence under Section 302 of the Indian Penal Code and sentenced to imprisonment for lifeand fine of Rs.5,000/- with default stipulation for committing the murder of his wife Munu Begum.

(2.) According to the prosecution case, Munu and appellant, after having a love affair for almost three years, got married two years prior to the date of incident. Munu then gave birth to a son. On 25.1.2013, around 3 p.m., the appellant asked Munu to bring money from her parents and when she refused, the appellant quarrelled with her. Thereafter, the appellant doused Munu with kerosene and set fire on her. Munu cried for help, as a result of which, neighbours and her relatives rushed to save her. But, by that time, she sustained 80% extensive burn injuries and became unidentifiable. And, on being asked by the people, she disclosed that appellant had set fire on her, after pouring kerosene. Munu was carried to Golaghat Civil Hospital in an Ambulance. Maternal Uncle Md. Tafiqul Ali (PW-1) of Munu made the ejahar exhibit 1 against the appellant at Police Station Ghiladhari. Assistant Sub-Inspector Narendra Nath Gogoi reached the house of appellant around 8.20 p.m. There he recorded the statement of witnesses and arrested the appellant. At the time of arrest, the appellant had burn injuries on his left hand. Narendra Nath Gogoi also recorded the statement exhibit 5 of Munu wherein she categorically named the appellant as a person who had set fire on her after pouring kerosene merely because she refused to bring money from her parents. She also stated that after setting fire on her, the appellant wrongly disclosed to her sister Sunu Begum (PW-5) that she had set fire on herself.

(3.) Since the condition of Munu was not improving in Golaghat Civil Hospital, the doctor referred her to Jorhat Civil Hospital for better treatment. But there also her condition became even more critical. The doctor, after 11 days of Munu's treatment advised that she be taken home, as there was no chance of recovery. In the result, Munu was brought home on 6.2.2013 by her father Md. Abdul Rajak (PW-3) where she died due to burn injuries.