ALOM UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. H. Algamgir, learned counsel for the appellant and Mr. M. P. Goswami, learned Addl. Public Prosecutor, Assam.

(2.) The fact of the instant case starts with lodging of an Ejahar on 11/6/2012 by the father of the victim, wherein it is alleged inter alia that ten years back, his daughter was married of to one Nasiruddin, who died and from the said wedlock, the victim had two children. After the death of the husband of the victim, the victim stayed in the house of her parents for about 7 years and during the said period, the appellant gave marriage proposal to her, which initially was not accepted. But, on repeated request, the victim married the appellant. Out of the said wedlock, one daughter was born. However, it is alleged that the appellant and his family members harassed the victim physically and mentally and demanded dowry since some days of the marriage. It is also alleged that on 3/6/2012, the appellant with the aim of re-marrying, caused various injures on various parts of the victim's body. Seeing the appellant assaulting the mother, i.e. the victim, the son from her earlier marriage, came to rescue her, but the appellant assaulted him too. It is also alleged that appellant tried to kill the victim, but due to the hue and cry raised by the victim, the appellant fled away from the house and that the victim was admitted in the hospital and she breathed her last on 9/6/2012.

(3.) The police, on receipt of the Ejahar, registered the case under Sec. 304 B of the IPC.