Decided on February 22,2018

Md Hazarat Ali Appellant
STATE OF ASSAM Respondents


Ajit Singh, C.J. - (1.) The sole appellant Hazarat Ali has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation.
(2.) The victim of the incident was Johura Khatun, aged about 35 years. She was younger wife of the appellant.
(3.) According to the prosecution case, Johura Khatun was the eldest daughter of Musst. Sukurijan Bibi (CW-1) and sister of Abbas Ali (PW-1) and Akkash Ali (PW-3). She was married to appellant about 20/25 years ago and out of their wedlock, four children were born to her. Ikram Ali (PW-2) aged about 13 years at the time of incident is one of their children. At the time of occurrence, Johura Khatun was again pregnant. As she was crying in her house, her mother Musst. Sukurijan Bibi (CW-1) brought her to her home, but after sometime appellant's family members took her away and on that night i.e. on 17.09.2011 appellant assaulted Johura Khatun on her chest and abdomen with his hands and legs as a result of which she later gave birth to a still born child. Mustt. Anowara Begum (PW-9) - neighbour of appellant - saw Johura Khatun giving birth to a still born baby. On 20.09.2011, Musst. Sukurijan Bibi (CW-1) learning about this went to the house of appellant. Johura Khatun then told her that appellant had assaulted her due to which the baby died and he sat on the doorway of the room with a lathi while she was delivering and he did not allow anyone to enter the room. Musst. Sukurijan Bibi (CW-1) on hearing this, bathed Johura Khatun and gave her meal. She also asked appellant to allow her to take Johura Khatun with her, but he denied to send her until and unless, some document was prepared in that context in the presence of President and Secretary of the Village Defense Party.;

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