CHAYARANI KARMAKAR AND ANR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellants Dildar Ali, Haidar Ali and Diljan Bibi have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- each, with default stipulation. They have, however, been acquitted of the charge under section 304-B of the Indian Penal Code.

(2.) The victim of the incident was Anjuma Bibi, aged about 22 years. She was the wife of appellant Dildar Ali and the two appellants Haidar Ali and Diljan Bibi were her in-laws being the parents of Dildar Ali.

(3.) According to the prosecution case, Anjuma was married to Dildar Ali about 9 years prior to the date of incident and both of them lived together along with their minor child aged 8 years. Haider Ali and Diljan Bibi used to live separately from Dildar Ali in another house. On 204.2009 at about 11 a.m. Hakim Ali (PW-1) - the brother of Anjuma - got information that the appellants tried to kill Anjuma in the house by burning her after pouring kerosene oil and she had been rushed to Dhubri Civil Hospital. He immediately went to the hospital where Anjuma disclosed him that appellants had set fire on her after pouring kerosene. He then lodged the First Information Report (Ext-1) before Dhubri Sadar Police Station. Uncle Jahanuddin Sheikh (PW-2) of Anjuma - who was also a police officer attached to the Dhubri Police - came to see her in the hospital where she again disclosed to him that due to non-fulfillment of demand of dowry, Dildar Ali poured kerosene oil on her and the other two appellants set fire on her and thereafter, the people of the village brought her to the hospital. Anjuma also stated before her father Tamajuddin (PW-3) that the appellants had set fire on her after pouring kerosene, when he came to see her in the hospital.