SHAJAHAN ALI(MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a statutory appeal against the judgement and order dated 3.1.2007 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No.119(K)/2004 convicting the accused/appellant under Sec. 304(B) Penal Code and sentencing him to rigorous imprisonment for 7 years with a fine of Rs.3000.00, in default, rigorous imprisonment for another 6 months.

(2.) One Md. Rafiqul Islam lodged an FIR on 11.5.2002 before the O/C, Noonmati Police Station alleging inter alia that his sister Hasina Begum was married to Shajahan Ali about 3 years back and out of their wedlock a child was born aged about 21/2 years. But his sister was subjected to torture by her husband Shajahan Ali who threatened to kill her and she had to come to paternal house at sometime but accused took her back. On 11.5.2002 at about 7:00 AM, the accused poured kerosene oil upon said Hasina and set her on fire. His sister was rescued by the neighbours and was admitted in hospital. Pursuant to the FIR, police registered a case being Noonmati PS Case No.97/02 under Sec. 498(A)/307 Penal Code and subsequently as the victim died, another Sec. 304(B) Penal Code was also added. Police after due investigation has submitted charge sheet against the accused/appellant under Sec. 498(A)/304(B) IPC.

(3.) The case was committed to the court of sessions for trial and the learned Sessions Judge after furnishing necessary copies framed the charge u/s 498(A)/304(B) Penal Code against the accused/appellant to which he pleaded not guilty and claimed to be tried.