RAJA AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) <DJG>P.G.AGARWAL,J.</DJG> This Criminal Appeal is directed against the judgment and order passed by Shri K.Sharma, Sessions Judge, Cacher, Silchar in Sessions case No. 109 of 1995 whereby accused-appellant Jasim Uddin Barbhuiya was convicted under Section 302/341.P.C and sentenced to rigorous imprisonment for life and to pay a fine of Rs 1,000/-

(2.) Accused Taj Uddin son of Md .Kutub Ali, resident of Labourputa under Katigorah P.S.(Since absconding) was a happy man having a wife in the person of Ashma Began (Since deceased) and blessed with two kids. Few days before this incident, Taj Uddin's younger brother Ebaduddin (PW 2) got married but this happy occasion changed the entire scenario in the household of Taj Uddin, because the newly wed also brought with herself, furniture! and dowry worth Rs 5,0007- or so. Taj Uddin and his mother Suria Bibi became greedy and asked for dowry from the parents of Ashma Begum as she had brought nothing at the time of her marriage with Taj Uddin. Being unable to get anything from his in- laws it was decided that one way to get dowry is to kill Ashma Begum and get a new wife for Taj Uddin.

(3.) On the fateful day of 24.7.1992 at about 7 p.m. innocent Ashma Begum was killed and thereafter the body was hanged so that it would look like a case of suicide by hanging. Haruk @ Faruk Uddin/PW4 is the brother of the deceased. He came to the place of occurrence, on being informed, and noticing injuries on the person of his sister, he lodged the First information report Ext.-3 before the Police naming accused Taj Uddin. Police made usual investigation and submitted chargesheet against 3 persons, namely, Taj Uddin, his mother Suria Bibi and a neighbour Jasim Uddin Blarbhuiya.