ANWAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Sr. Counsel, assisted by Mr. M.U. Mondal, learned counsel for the appellant and Ms. B. Bhuyan, learned Addl. P.P., Assam for the respondents.

(2.) This appeal is directed against the judgment and order dated 18.12.2017 passed by the learned Addl. Sessions Judge, Bilasipara, in Sessions Case No. 190/2010. By the said judgment, the learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to imprisonment for life and fine of Rs. 30,000/- with default stipulation.

(3.) According to the prosecution, the deceased Jamela Khatun was married to the appellant and soon after the marriage, the present appellant at the instigation and ill advice of one Monowar Hussain, who was named in the FIR as co-accused, subjected the deceased to physical torture upon demand of money. On 09.01.2003, the appellant demanded the victim to bring Rs. 10,000/- from her parents and on her refusal, the present appellant hit the deceased on her neck with a 'Nepali Sora' (knife) in presence of Monowar Hussain and consequently, the deceased sustained grievous injuries. The father of the deceased, Jalal Uddin lodged an FIR on 13.01.2003, on the basis of which, police registered Bilasipara P.S. Case No. 9/2003 under Section 498(A)/109 IPC. During investigation, the deceased succumbed to the injuries and therefore, on prayer of the Investigating Officer, section 302 IPC was added. During investigation, police recorded the statement of the witnesses under Section 161, prepared inquest report, sent the body of the deceased for postmortem examination and Dr. Sashidhar Deka (PW-11) conducted the postmortem examination.