AZIZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14.12.06 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 3 (K)/03 thereby convicting the accused appellant under Section 304 (B) IPC and sentencing him to undergo rigorous imprisonment (RI for short) for seven years and also to pay a fine of Rs.2,000/-, in default, to undergo RI for six months.

(2.) THE prosecution case was initiated on the basis of the FIR dated 1.4.99 lodged by Syd. Majamil Hussain, brother of deceased Mamuda Begum stating inter alia that the deceased was married with the appellant in December, 1997 and soon after marriage of his sister, she was subjected to cruelty for non payment of dowry. She was used to be beaten on certain previous occasions also on the issue of dowry. On that day, i.e. 1.4.99 the accused appellant again had beaten the deceased, as a result of which she became unconscious whereupon the accused himself took her to Guwahati for treatment. At about 6 pm, on the same day, sister of the accused came to their house and told that the accused had killed his wife, the deceased.

(3.) PW 1, the informant, is the brother of the deceased. PWs 2, 6 and 9 are the neighbours. PW 3 is the wife of PW 1. PW 4 is the mother of the deceased. PWs 7 and 8 are the sisters of the accused. PW 5 is the doctor, who conducted the post mortem examination. PW 10 is the Senior Scientific Officer, Toxicology Division, Forensic Science Laboratory, Assam, Kahilipara, Guwahati. PW 11 is the I.O. and PW 12 is the Officer-in-Charge (OC for short), who collected the post mortem examination report. PW 13 is the Police Officer, who submitted charge-sheet. PW 14 is the I.O., who received the FIR from PW 1 and investigated the case. It is also pertinent to mention herein that in the present case, two FIRs were filed, one by PW 1 and another by the accused appellant.