MOINUL HAQUE AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18.10.2004 passed by the learned Sessions Judge Karimganj, in Sessions Case No. 07 of 2004. By the aforesaid judgment and order the three accused/appellants have been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life. Fine of Rs. 10,000 each, in default, to suffer simple imprisonment for one year more has also been imposed on the accused/appellants.

(2.) THE case of the prosecution, in short, is that PW 2, Rahima Begum, mother of the deceased Wahida, had lodged a F.I.R. before the Karimganj Police Station alleging that the accused/appellants and two others had caused the death of her daughter. In the F.I.R. it was mentioned that the accused/appellant Mainul had married the first informant's daughter Wahida after a love affair and that at about 12/1.00 A.M. of 24.12.2001 her daughter was put to death by the accused/appellants after committing torture. In the F.I.R. filed it was specifically mentioned that death of the daughter of the first informant was caused by setting her body on fire.

(3.) WE have heard Sri M. H. Rajbarbhuiya, learned Counsel for the accused/appellants and Sri K.C. Mahanta, learned Public Prosecutor, Assam.