MD SARIFUL ISLAM Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-12-35
HIGH COURT OF GAUHATI
Decided on December 11,2018

Md Sariful Islam Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard Mr. M A Sheik, learned counsel for the appellant and Mr. B J Dutta, learned Additional Public Prosecutor. None appears for respondent no.2.
(2.) According to the prosecution case Anowara Begum was given marriage to the accused Sariful Islam and sufficient articles like furniture and household articles were given in her marriage but the accused and his parents and other in-laws being not satisfied with the quality of goods pressed Anowara Begum to bring good quality articles and although the said demand was satisfied by the father of the victim but the accused Sariful Islam by demanding a motor cycle tortured her. Both said Anowara Begum and Sariful Islam came to the house of the informant on 16.08.2010 and placed the demand for motor cycle and returned to their house and on the next day Anowara was found dead. The informant got the information that the accused Sariful and his parents killed Anowara by administering pesticide in her mouth, on the next day of leaving the house of the informant i.e. 17.08.2010. On facts the father of Anowara lodged the FIR on 18.08.2010. On the basis of the aforesaid FIR, Dalgaon PS Case No. 446/2010 u/s 498A/304B/34 was registered. The dead body was sent for post-mortem and after due investigation charge-sheet was submitted against the accused person Sariful Islam, Miraj Ali and Sakina Begum u/s 498A/304B/34 IPC. All the accused faced the trial and denied the charge framed by the learned Court u/s 498A/304B/302/34 IPC.
(3.) The prosecution examined 9 witnessed in support of the case including the medical officer and investigation officer and also the scientist who examined the internal organs of the deceased at FSL, Guwahati. At the conclusion of the trial, the learned trial Court held the accused Sariful Islam guilty u/s 498A/304B IPC and other accused persons were acquitted from the charge. Being aggrieved the present appeal has been preferred.;


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