AFZAL HUSSAIN LASKAR Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-59
HIGH COURT OF GAUHATI
Decided on November 22,2018

Afzal Hussain Laskar Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This Criminal Appeal has been preferred from jail by appellant, Sri Afzal Hussain Laskar @ Jakir, against the judgment, dated 30.04.2016, passed by learned Sessions Judge, Cachar, Silchar, in Sessions Case No. 133/2009 convicting the appellant for offence under Sections 302/201 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs 2,000/-, in default, to suffer further rigorous imprisonment for 2 (two) months under Section 302 of the IPC and rigorous imprisonment for 6 (six) months and to pay a fine of Rs. 1,000/-, in default, to suffer further rigorous imprisonment for 1 (one) month under Section 201 of the IPC. Both the sentences were ordered to run concurrently.
(2.) The fact of the prosecution case is that the deceased, Rushanara Begum was married to the accused-appellant and within 3 (three) years of their marriage, she died in mysterious circumstances. An allegation is made that it was the accused-appellant, who committed murder of the deceased which was preceded by demand for dowry and also cruelty meted out to the deceased. The deceased also intermittently left the house of her husband/accused-appellant and stayed in her parental home due to inability to withstand the cruelty meted out to her by the accused-appellant.
(3.) On receipt of the FIR, the Lakhipur Police Station registered a case, being No. 146/2009 under Section 304-B of the IPC, investigated into it, collected evidence, got inquest as well as post-mortem examination of the dead body done, and finally, submitted chargesheet against the accused-appellant under Sections 302/201 of the IPC.;


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