MD. SAIFUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2000/- with default stipulation.

(2.) Anjuma Khatun, aged about 20 years, was the victim. She was also the wife of appellant.

(3.) According to the prosecution case, appellant married to Anjuma 3-4 years prior to the date of incident, where after he lived in the house of his father-in-law as "Ghar Jowai" with Anjuma. But his mother-in-law lived separately in a different village as she had re-married to another person and this she did because appellant's father-in-law was a drunkard. The mother-in-law, however, continued to maintain good relation with Anjuma and even helped her during need. Anjuma had a son out of her wedlock with the appellant. She also gave birth to a female child at her mother's house and returned to her father only a week before the incident. On 10.7.2011, around 5 p.m., the appellant assaulted Anjuma on the right side of her head near the ear with a wooden stick. Anjuma was immediately carried to Nagaon Civil Hospital for treatment. Sister of Anjuma is married to Babul Islam (PW-1). He was, however, telephonically informed about the incident. Babul rushed to the Hospital to see Anjuma, but soon after he reached, she died. Babul, then, made ejahar exhibit 1 against the appellant on 11.7.2010 at Nagaon Sadar Police Station. On receiving the ejahar, Investigating Officer - Sumeswar Bora (PW-7) visited the place of occurrence and arrested the appellant. He also seized one branch of tree about 2?" long from the house of appellant, by which, he had assaulted Anjuma.