NOOR ZAMAL SEIKH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. A Ahmed, learned counsel for the appellant and Mr. M Phukan, learned Additional Public Prosecutor, Assam for the State respondent No.1. None appears for the respondent No.2, despite notice.

(2.) This is an appeal filed by the appellant against the judgment and order dated 10.08.2015 passed by the learned Additional Sessions Judge (FTC), Lakhimpur, North Lakhimpur in Sessions Case No.22 (NL)/2014 arising out of GR Case No. 1822 of 2013, whereby the appellant was convicted under Section 302 of the Indian Penal Code (in short 'IPC') and sentenced to undergo rigorous imprisonment for life with a fine of Rs.5000/- and in defult thereto, to undergo rigirious imprisonment for another period of 3 months.

(3.) The prosecution's case in brief is that on 22.11.2013, one Md. Kaku Mir lodged an FIR with the Khelmati Police Out-post under the North Lakhimpur Police Station stating that one Marjina Begum (the deceased) who was staying as his tenant for about last 8 months was found to have sustained burnt injuries of on her body inside her room on 21.11.2013 about 8.30 pm. The informant with the help of other local people after breaking open the door, took the deceased and her husband Md. Nur Zamal Sheikh (the appellant) out of the room and to Lakhmpur Hospital by an ambulance in an injured state. However, the deceased succumbed to her injuries and the FIR was filed assuming that it was the appellant who killed her by setting her on fire.