MD. MUSTAQUE AHMED LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 (CrPC, in short), directed against the judgment and order dated 13.11.2015 passed by the Court of learned Additional Sessions Judge (FTC), Cachar, Silchar in Sessions Case No. 89/2014. By the said judgment and order dated 13.11.2015, the accused-appellant herein has been convicted under Section 302, Indian Penal Code (IPC) and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo further rigorous imprisonment for another 1(one) month.

(2.) Heard Mr. B.K. Mahajan, learned counsel for the accused-appellant and Mr. H. Sharma, learned Addl. Public Prosecutor for the State.

(3.) The prosecution case, as unfolded from the First Information Report (FIR) dated 02.07.2012 lodged before the In-Charge, Tarapur T.O.P. by Md. Abdul Hannan Laskar (PW-3), is that the marriage of his daughter, Jaynab Begum Laskar @ Sabi Begum Laskar with the accusedappellant was solemnized on 22.05.2011 as per Muslim rites and rituals. It was at around 9-30 p.m. on 01.07.2012, the accused-appellant called the informant (PW-3) over phone and told him that his daughter, Jaynab Begum Laskar had a heart attack and she was taken to the hospital. On receipt of the said information, when he (the informant) came to the hospital he found his daughter dead. The informant believed that the accused-appellant had killed his daughter. It was further stated that when his another daughter, Nayab once visited the house of the accusedappellant, they learnt that the accused-appellant along with his mother and sister, used to torture Jaynab Begum Laskar. In the FIR, the informant implicated apart from the accused-appellant, his mother and sisters also.