ABUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. K. Deori, learned counsel for the accused appellants and Mr. Makhan Phukan, learned Additional Public Prosecutor, Assam, for the State.

(2.) The appeal is preferred against the judgment and order dated 26.08.2015 passed by the learned Sessions Judge, Nagaon in Sessions (T-1) Case No. 320(N)/2011 under Sections 302/34 of the IPC, wherein the three appellants have been convicted and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/-, in default, to undergo simple imprisonment for a period of 1 (one) year.

(3.) The prosecution case in brief is that the informant, Jahed Ali, who is the father of the deceased, lodged an FIR on 07.06.2009 before the Officer-in-Charge of Batadraba Police Station, stating that his son Abdul Rahman, on a telephonic call from his wife Hasina Khatun, went to his in-laws house on 05.06.2009, but on the next day, i.e., on 06.06.2009, it was informed that his son had been admitted in the hospital, wherein he was found dead. In the FIR it was stated that his son Abdul Rahman married Hasina Khatun about 7 (seven) years back and out of their wedlock, two children were born to them and that few days prior to the incident, his wife Hasina Khatun left for her paternal house, wherefrom, she called him, informing that their son fell ill and therefore, said Abdul Rahman went to the house of his inlaws, but on the next day, his dead body was found in the hospital.