MOINUL HOQUE Vs. MD. ABDUL HALIM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Sr. Counsel, assisted by Mr. Azad Ahmed learned counsel for the appellants in Crl. A. No. 83/2014 & Crl. A. 331/2014, Mr. J. Islam, learned counsel for the appellant in Cr. A. 77/2015 and Mr. A.R. Talukdar, learned counsel for the appellant in Crl. A. 101/2019 as well as Ms. S. Jahan, learned Addl. P.P., Assam for the respondents.

(2.) All these four appeals arose out of the judgment and order passed by the learned Sessions Judge, Karimganj, in Sessions Case No. 43/2013 and therefore, we propose to dispose of all the four appeals by this common judgment. By the impugned judgment, the learned Sessions Judge convicted the appellants under Section 120(B)/302 IPC and sentenced them to imprisonment for life and fine of Rs. 5000/- each with default stipulation.

(3.) According to the prosecution, the deceased Mallika Begum was the wife of appellant Sipat Khan. The appellants Safir Uddin is the husband of the appellant Sipat Khan's sisters. Appellant Sipat Khan was residing in a different house with his another wife. There was some land dispute between the appellant Sipat Khan and his first wife Mallika Begum (deceased) relating to a plot of land and various village meetings were held for the same. The accused persons entered into conspiracy to kill the deceased Mallika Begum and ultimately on the fateful night, at about 12 O'clock all the accused persons named in the FIR killed the deceased by assaulting her. PW-3, the son of the deceased informed the PW-4 Abdul Halim about the incident in the morning, and Abdul Halim lodged the FIR (Exrt.5). On the basis of the said FIR, police registered Ram Krishna Nagar P.S. Case No. 154/2012 under Section 302/34 IPC. In course of investigation, witnesses were examined under Section 161 CrPC, inquest was done, body of the victim was sent for postmortem examination and Dr. Bimal Kumar Sarkar conducted the postmortem examination.