SADDAM HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Ahmed, learned counsel for the appellant. Also heard Ms. B Bhuyan, learned Senior Counsel & Addl. Public Prosecutor for the State of Assam.

(2.) This appeal is directed against the Judgment and Order dtd. 28/3/2023 passed by the learned Sessions Judge, Barpeta in connection with Sessions Case No. 98/2018 convicting the accused/appellant under Sec. 302 IPC and sentencing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5,000.00, in default to undergo R.I for 1 year.

(3.) The case of the prosecution in brief is that on 28/4/2017 one Kabel Miya lodged an FIR before the I/C of Mandia Police Out Post under Baghbor police station to that effect that in the year 2015, his daughter Farida Khatun was married to accused Saddam Hussain, that since after her marriage she was subjected to mental and physical torture by her husband accused Saddam Hussain as per ill advice of the FIR-named accused, namely, Nur Mahammad Ali. Mamtaz Begum, Sahanur, Mirjul, Matior Rahman, Sahera Khatun, wife of Lalchan, Magrab Ali and Tara Bhanu. Four months before the date of filing the FIR accused Saddam Hussain got the pregnancy of Farida Khatun aborted by administering medicine. On 27/4/2017 at about 4:00 PM, accused Saddam Hussain took Farida Khatun in a bike to the house of Tara Bhanu and on 28/4/2017 accused Saddam Hussain murdered Farida Khatun in the house of accused Tara Bhanu and with the help of one driver of a Tempo the dead body of Farida Khatun was taken to an unknown place and when it came to the notice of public, the accused threw the dead body of Farida Khatun in the compound of Chan Mamud of Habi-dongra village.