ABUL KASHEM Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears for the appellant when the matter was called upon. Heard Mr. D. Das, learned Additional Public Prosecutor, Assam.

(2.) This appeal has been filed against the judgment and order dated 12.11.2002, passed by the learned Sessions Judge Morigaon in Sessions Case No. 67/2000 corresponding (G.R. Case No. 533/99) convicting the accused appellant and sentencing him to undergo rigorous imprisonment for 7 (seven) years under Section 306 IPC and further convicted and sentenced to undergo rigorous imprisonment for a period of 7(seven) years under Section 201 IPC and directing that the aforesaid sentence would run concurrently against him.

(3.) The prosecution story is that the informant's younger sister Nurun Nehar, aged about 22 years was married to the accused Abul Kashem three years ago. In the night of 17.8.99, the accused Abul Kashem along with Jonab Ali, Abdul Hasen and Abul Hussain jointly tortured his sister and forcibly compelled her to consume poison and thereby killed her. After killing her, they buried the dead body. Saiful Islam, elder brother of the deceased filed a written complaint before the Chief Judicial Magistrate, Morigaon which was registered as C.R. Case No. 171/99 and forwarded to the Officer-in-Charge, Moirabari Police Station for registering the case and investigation thereof and also to submit the report thereon.