MD. YASHIN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Munir, learned counsel for the petitioner and Mr. D. Das, learned Additional Public Prosecutor, Assam for the State.

(2.) Deceased, Hasnara Begum was married to the accused Yashin Ali. and they had three children out of the wedlock. The said Hasnara became pregnant for the fourth time and while carrying pregnancy of five months (approx.) she died. The accused Anowara Begum is the mother-in-law of the deceased. The father of the victim lodged an FIR on 21.04.2011 that the accused persons Anowara Begum forcibly administered local medicine to terminate the pregnancy and as a result of which his daughter died. It is stated in the FIR that he was informed about the said incident by Ms Rupsana Begum and Ms Manjila Begum who resides nearby and saw the incident and also tried to prevent the accused person from doing so. On the basis of the said incident, an FIR was lodged and the same was registered under Section 302 IPC. During the course of investigation, the dead body was sent for medical examination and post-mortem examination was made along with FSL examination of liver, stomach and kidney. At the conclusion of the investigation charge sheet was submitted against two accused persons under Sections 302/314/34 IPC.

(3.) The accused persons faced the trial and denied the charges under Sections 302/314/34 IPC and claimed to be tried. In support of the case, the prosecution examined 9 witnesses and defence also examined two witnesses in support of the case. At the conclusion of the trial, the learned trial Court held both the accused persons as guilty under Sections 314/34 IPC and convicted and sentenced them to rigorous imprisonment for 10 years and also to pay fine of Rs. 5,000/- in default, SI for another 1 month.