ASRAFUL ALI @ ASRAF ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Md. Asraful Ali @ Asraf Ali has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1000/- with default stipulation. The trial court has, however, acquitted the co-accused persons, namely, Mamata Bibi, Kadarvan Bibi and Mahammed Ali of the same charge.

(2.) The victim of incident was Rehena Bibi, aged about 24 years.

(3.) According to the prosecution case, Rehena was married to appellant more than 7 years prior to the date of incident. Mamata, Kadarvan and Mahammad Ali are in-laws of Rehena. Since Rehena did not conceive a child, she was being subjected to cruelty by the appellant and her in-laws. On 3.8.2009, at about 1.30 p.m., the appellant set fire on Rehena after pouring kerosene. This he did in his house and in doing so, Mamata, Kedarvan and Mahammad Ali assisted him. On hearing commotion, neighbours of appellant rushed to his house and enquired about the incident. They also poured water over her and extinguished the fire. Thereafter, Ambulance was called and Rehena was taken to Dhubri Civil Hospital for treatment by the appellant and other family members. And, on the next day, i.e. 4.8.2009, maternal uncle, Md. Manowar Hussain (PW-1) of Rehena, made the ejahar exhibit 1 at Agamoni Police Out-Post, which was forwarded to Golakganj Police Station for its registration as First Information Report. A dying declaration exhibit 5 of Rehena was also recorded in the hospital on 4.8.2009 by Sub-Divisional Officer (Sadar) Palash Ranjan Gharphalia (PW-8). In her dying declaration, she named the appellant and her in-laws (acquitted co-accused) as the persons, who had set fire on her. Dr. A.C. Mandal (CW-1) certified that Rehena was fit to make dying declaration. She ultimately died on 15.8.2009, while undergoing treatment in the hospital.