ABDUL HAMID Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Abdul Hamid has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 10,000/- with default stipulation.

(2.) The victim of the incident was Abiran Nessa, aged about 45 years. She was wife of the appellant.

(3.) According to the prosecution case, on 28.05.2013, at about 5 a.m., the nephew of appellant -Nuruddin (PW-1) heard cries of children from the house of appellant. So, out of inquisitiveness, he went to the house of appellant and entering inside, he noticed that Abiran Nessa was lying dead on her bed in a pool of blood. Seeing the incident to his horror, he came out of the house and saw the appellant loitering around the house frantically. Nuruddin then caught the appellant and shouted for help. Hearing him other relatives of the appellant, namely, Alauddin (PW-2) and Habibullah (PW-4) (brother of the appellant) as well as some co-villagers came and they together took him to the house of one Rafiqul and confined him there. The brother of Abiran Nessa Saidur Rahman (PW-5) - who resided nearby, also reached the place of occurrence on hearing commotion and found his sister lying dead and the appellant being apprehended and detained by his relatives.