SAHABUDDIN AND ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Ms. S.K. Nargis, learned Counsel appearing on behalf of the appellants as well as Mr. K.A. Mazumdar, learned Public Prosecutor, Assam for the respondent.

(2.) An F.I.R. was lodged by P.W. 3 (Abejan Bibi) with Patharkandi Police Station on 10.9.2001 alleging that about 4 months ago Sahabuddin, the appellant No. 1 (for short, 'A - I') married her daughter Sajna Begum (hereinafter referred to as. 'the deceased'). Elder brother of A-1, Sharifuddin, the appellant No. 2 (for short, 'A-2') came to her daughter's uncle shop at Adimganj at about 10.00 p.m. on 9.9.2001 to inform that his niece had felt dizziness and fell down in the kitchen. After 10 minutes, A-2 came again and told that froth had come out from the mouth of the deceased. After sometime, again, A-2 came and told that the deceased breathed her last. Hearing this her daughter's uncle gone to their house and asked her to go the place of occurrence immediately. When they rushed to the place of occurrence they found that their daughter was lying dead. In the F.I.R. itself, she mentioned the names of suspected accused persons, including A-1 and A-2.

(3.) As many as 11 witnesses were produced to prove the prosecution case. On the other hand defence examined three witnesses to prove the plea of alibi to the effect that A-2 was not involved in the alleged crime as he was present in a marriage on the day of occurrence, where he was recorded as witness in 'Kabilnama'.