AFZAL HUSSAIN Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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HITESH KUMAR SARMA -
(1.) This is a criminal revision petition filed under Sections 397/401 of the Cr. PC challenging the legality, propriety and correctness of the order, dated 10.08.2016, passed by the learned Sessions Judge, Goalpara in Sessions Case No. 152/2015 under Sections 302/304 (B) of the IPC rejecting the petition filed by the petitioner/informant for further investigation of the case.
(2.) I have heard Mr. IA Hazarika, learned counsel for the petitioner, Mrs. SH Borah, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1 as well as Mr. MU Mahmud, learned counsel for the respondent Nos. 2 to 4.
(3.) The FIR discloses that the only daughter of the informant, Afifa Sultana @ Remi, aged about, 21 years, was married to one Hamidul Islam about 10 (ten) months back. Since after the marriage the accused-husband and his family members were demanding a four-wheeler car as dowry and as the informant failed to pay the full amount for purchasing a four-wheeler car, he paid Rs. 1 lakh in cash. But, they continued to torture her due to the failure to pay the full amount for a four wheeler car which was informed to him by his daughter aforesaid. On 27.02.2014, at about 7:00 pm, she was compelled to commit suicide or she was murdered and thereafter kept her dead body lying on the railway track. On that day itself, the victim called the son of the informant over phone and wanted to give her Rs. 1 lakh or otherwise she expressed apprehension that she might lose her life. The informant named Hamidul Islam, Jahirul Islam, Hamida Begum, Morjina Begum and other members of the family of the husband of the deceased in the FIR as accused.;
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