ABDUL KHALIQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mr. BN Gogoi, learned Amicus Curiae, appearing on behalf of the appellant and Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State of Assam.

(2.) This appeal has been preferred by the present appellant who was convicted under Section 304 Part-II IPC and sentenced to undergo for 7 (seven) years rigorous imprisonment and fine of Rs. 5,000.00 (Rupees five thousand) in default 6 (six) months R.I. for the offence under Section 304 (Part-II) IPC.

(3.) The facts of the case is that one Sikandar Ali of village Routhgram P.S. Ratabari lodged an FIR on 6.8.2007 at Kaliganj Watch Post stating the facts as follows-Imrana Begum daughter of the informant Sikandar Ali was married to one Faizur Rahman. Faizur Rahman stays in Aizawl in connection with his work. During absence of her husband the above named accused persons tortured Imrana. The brother-in-law of Imrana pressed her for establishing sexual relationship with him and tortured her for that reason. Imrana reported that matter to the informant and other family members. Once when Imarna came to 'naiyor' then the accused person also came to the house of the informant and after assuring that they would not torture Imrana any more took Imrana back to their house. But thereafter also the accused person tortured Imrana on the demand of dowry. On 6.8.2007 at around 12 noon one Abdul Rahim went to the house of the informant and reported that Imrana had committed suicide by hanging in a tree. On receipt of the information Sikandar Ali and others went to the father-in-law's house of Imrana and saw the dead body of Imrana lying on the ground in a jungle like area adjacent to the house. They did not find any sign of hanging on the body of Imrana. Rather on different parts of the body of Imrana there were injury marks.