RAHIM BADSHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) APPELLANT Rahim Badsha was tried by the learned Sessions Judge, Barpeta under Section 302 IPC and convicted and sentenced him to undergo imprisonment for life and to pay fine of Rs. 5,000/-, in default of payment of fine to undergo R. I. for 1 (one) year.

(2.) BEING aggrieved by the Judgment and order of conviction appellant Sri Rahim Badsha filed this instant appeal challenging the legality of the judgment.

(3.) BEFORE entering into the merit of this appeal, it would be appropriate for this court to project the case of the prosecution in nutshell: appellant Rahim Badsha and accused Hazrat Ali are both father and son. The informant Atowar Rahman is the father-in -law of the appellant Rahim Badsha. Deceased Anujawara Khatun was the daughter of first informant Atowar Rahman. She was given in marriage with the appellant on 16. 4. 1998 by executing a registered deed No. 269/98. Since the date of the marriage, it is alleged that the deceased Anjuwara Khatun was tortured by the appellant, her husband, both physically and mentally. On 23. 10. 1998 at about 11. 30 A. M. deceased Anjuwara Khatun was called by the appellant inside a room of their house at the instance of the accused No. 2 Hazrat Ali, Appellant's father. The room was closed from inside and poured kerosene oil and set on fire by the appellant. Deceased Anjuwara Khatun sustained burn injuries, she lost her senses. Father of the deceased, Atowar Rahman, thereafter, lodged FIR (Ext. 2) with the officer-in-charge, Kalgachia Police Out post. The contents of the FIR (Ext. 2) were entered in the general diary of the police station. FIR was thereafter forwarded to the O/c Sorbhog Police Station for registering a case. At this stage, it would be apposite for this Court to state that the officer-in-charge, Kalgachia Police Out Post in anticipation of entrustment of the investigation to him, taken up the investigation of the case by himself. S. I. Dilip Kr. Baruah, Officer in-charge of Sorbhog Police Station registered a case under Section 442/307 IPC. On the same day of lodgment of the FIR, deceased Anjuwara Khatun died and the dead body was taken to Kalgachia Police Out Post where inquest on the dead body was conducted by Krishna Kanta Medhi, S. I. In-Charge Kalgachia Out Post in presence of the witnesses and prepared the inquest report Ext. 3. Thereafter the dead body was sent to Barpeta Civil Hospital for postmortem examination. During the investigation witnesses were examined and one burnt blue striped cotton saree and one empty red bottle having smell of kerosene oil were seized in presence of the witnesses, vide Ext-4. Having completed the investigation of the case, charge sheet Ext. 5 was laid against the appellant Rahim Badsha, accused Hazrat Ali and Sarbhanu Khatun under Section 302/34 of the IPC.