ASAB UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Ujjal Choudhury, learned Amicus Curiae for the accused appellant and Ms. Shamima Jahan, learned Additional Public Prosecutor, Assam for the respondent State.

(2.) This appeal from jail is filed by the accused appellant, Md. Asab Uddin against the judgment dated 18.02.2015, passed by learned Sessions Judge, Bongaigaon in Sessions Case No. 127 (Mcr)/2013 whereby he has been convicted under Section 302 IPC for committing murder of his wife Asma Khatun and minor daughter Momtaz and sentenced to rigorous imprisonment for life with fine of Rs. 2,000/-, in default of payment of the same, to undergo rigorous imprisonment for 1 year as well as for offence under Section 201 IPC he was sentenced to Rigorous Imprisonment for 3 years with fine of Rs. 1 year, in default Rigorous Imprisonment for 6 months, where the sentences to run concurrently setting off the period in custody undergone by the accused appellant during investigation and trial of the case.

(3.) The prosecution case is that the informant, Bairan Ali (PW.1) on 29.07.2012 lodged a written ejahar before the Officer-in- Charge of Merarchar Police Station stating inter alia that the accused Md. Asab Uddin married his sister Asma Khatun about an year back and in course of their conjugal life her sister was pregnant for eight months. Since 24.07.2012 said accused Md. Asab Uddin, on instigation of other accused persons named in the ejahar, physically and mentally tortured his said sister Asma Khatun and on 29.7.2012 the said accused, with the aid of other accused persons killed his sister Asma Khatun and also his 3 years old niece Mumtaz, who were found lying dead with multiple injuries on their person in the kitchen of the accused Md. Asab Uddin and that they were kept concealed by jute sack. The said ejahar of PW.1 dated 29.7.2012 was registered as Murajhar Police Station Case No. 80/2012 corresponding to G.R. Case No. 437/2012 under Sections 143/120(B)/302/201 IPC.