ANSER ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) CHALLENGING the legality and correctness of the judgment and order of conviction dated 17. 11. 2005 passed by learned Sessions Judge, Morigaon in Sessions Case No. 75 of 2005 corresponding G. R. Case No. 348 of 2005, the appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure by which the appellant was convicted under Section 304-B, IPC and sentenced to undergo RI for ten years with fine of Rs. 5,000/- in default RI for two years.

(2.) MR. A. Ahmed, learned counsel for the appellant and Mr. B. S. Sinha, learned Addl. P. P. for the State of Assam were heard at length.

(3.) BRIEF facts necessary for the purpose of appeal are as follows : deceased Sabjan Begum, daughter of Abdul Khalek (PW 1) was given marriage with appellant Md. Anser Ali of Village Dandua Majgaon, P. S.- Morigaon, District - Morigaon. During subsistence of the marriage, on 9. 5. 2005 at about 10 p. m. deceased Sabjan Begum received burn injuries on her person allegedly set on fire by the accused-appellant, her husband by sprinkling kerosene oil. PW 1 the father accordingly lodged an FIR (Ext. 1) with the Officer-in-Charge of Morigaon Police Station which was registered as Morigaon P. S. Case No. 69 of 2005 under Section 304-B, IPC. It was alleged in the First Information Report that along with the accused-appellant one Bogi Begum and his sister Anima Khatun were there. Sabjan Begum was immediately sifted to civil hospital and he, found her under going treatment. Being interrogated by him, his daughter Sabjan Begum told him that a quarrel ensued in between herself and the accused-appellant in the matter of demand of unlawful dowry, the appellant being enraged confining herself in the house by sprinkling kerosene on her burnt her alive. While under going treatment in the hospital at about 2 a. m. Sabjan Begum died. It was further contended in his First Information Report, Ext. 1 that on several occasions quarrel arose in between the deceased and the husband, the appellant herein for dowry. He (PW 1) considering welfare of his daughter and two minor sons he took his daughter unto his resident and kept her for about a month. In the midst, PW 1 purchased a tube well and handed over to appellant so as to subside his demand for dowry. But despite delivery of such tube well and other belongings as demanded by the appellant, he (appellant) resorted to an extreme step. Having been received the First Information Report (Ext. 1) police rushed to the place of occurrence and conducted investigation accordingly. On the death of Sabjan Begum at the hospital police conducted inquest on the dead body and sent her dead body for post-mortem examination. Investigating Officer arrested appellant and forwarded him to custody. Investigation having been completed, a charge-sheet was laid against the appellant Anser Ali under Section 304-B, IPC.