HASMOT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard learned counsel Mr. N.H. Mazarbhuiyan for the appellant in Crl. A. (J)120 of 2015 and learned Amicus Curiae, Mr. S.K. Agarwal for the appellant in Crl. A. (J)121 of 2015. We have also heard learned Addl. P.P., Mr. M.Phukan for the State/respondent No. 1 and learned counsel, Mr. A.K. Hussain for the informant/respondent No.2.

(2.) We propose to decide both the appeals by this common judgment, as both these appeals arose out of the common judgment, dated 19.09.2015, passed by learned Addl. Sessions Judge, in Sessions Case No. 1/2011 (G.R. Case No. (CPR) 119/2009), whereby, learned Addl. Sessions Judge convicted the appellants u/s 304-B/34 IPC and sentenced them to imprisonment for life.

(3.) As per prosecution case, the victim Anjuma Bibi was married to the appellant Hasmot Ali, two and half years prior to the occurrence. Since after few days of the marriage, the appellants and the other co-accused named in the FIR started to torture the victim physically and mentally. They also demanded money and subjected her to torture for non-fulfillment of the demand. Ultimately on 06.07.2009, the parents of the victim was informed, that the victim Anjuma Bibi committed suicide. Immediately they came to the matrimonial home of the victim and found her dead. Suspecting foul play in the death of the victim, PW 1, paternal uncle of the victim, lodged the FIR (ext. 1), on the basis of which, Chapor P.S. Case No. 119/2009 was registered u/s 304-B/34 IPC and investigation commenced. In course of investigation, the inquest report of the body was prepared by executive magistrate and post mortem examination was conducted by PW 6, Dr. K.A. Ahmed.