MD NURUL HAQUE Vs. STATE OF ASSAM
LAWS(GAU)-2018-5-115
HIGH COURT OF GAUHATI
Decided on May 29,2018

Md Nurul Haque Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This appeal, under Section 374(2) of the Cr.P.C., is preferred against the judgment and order, dated 10.11.2009, passed by learned Sessions Judge, Morigaon, in Sessions Case No. 61/2006, convicting and sentencing the accused-appellant to rigorous imprisonment for 3 years and to pay a fine of Rs. 500/- IPC, and further convicting and sentencing the accusedappellant to rigorous imprisonment for 1 year and to pay a fine of Rs. 250/- with a default clause for the commission of offence under Section 498(A) of the IPC. The sentences are ordered to be run concurrently.
(2.) The fact leading to the prosecution case is that, the deceased, Alia Begum, was married to the accused-appellant, Nurul Haque, in the year 2005, and thereafter, they lived together as husband and wife for several years. They also parented a female child. The deceased was assaulted by the accused-appellant about a year prior to the date of the occurrence and he continued atrocities on the person of the victim. She was lastly assaulted on 17.12.2005, at about 1:30 pm and she was set on fire after pouring kerosene oil on her body by the accused-appellant. She sustained severe burn injuries following which, she was admitted in the hospital but, ultimately she died.
(3.) On such facts, the brother of the victim/PW1, lodged the FIR with the Mikirbheta Police Station, which registered a case, being Mikirbheta PS Case No. 138/2005, under Sections 326/307 of the IPC, and subsequently, on the death of the victim, Section 302 of the IPC was added.;


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