MD LIYAKAT ALI Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-89
HIGH COURT OF GAUHATI
Decided on November 28,2018

Md Liyakat Ali Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This Criminal Appeal has been preferred, against the judgment, dated 31.07.2015, passed by learned Sessions Judge, Darrang, Mangaldai, in Sessions Case No. 43(DM)/2014 convicting the appellants for offence under Sections 302/34 of Indian Penal Code and sentencing them to undergo rigorous imprisonment for life with payment of fine of Rs 5,000/-each, in default, to suffer further rigorous imprisonment for 6 (six) months.
(2.) The prosecution case is that, the deceased was married to the accused, Khasnur Ali (who has been acquitted vide the impugned judgment) about 2 years prior to the date of the incident involved in this case. She was subjected to torture by the accused persons and they even opposed to the marriage of the deceased with the said Khasnur Ali for which even after their marriage, the deceased had to be in her parental house for about 6 (six) months. Thereafter, on being persuaded, she came to her matrimonial home and was there till the date of occurrence. On the date of occurrence, the deceased caught fire and sustained 60% burn injuries. She was laid on some banana leaves in the courtyard of the house of the accused persons. It is alleged that the accused persons had set her on fire, resulting in the burn injuries, causing her ultimate death.
(3.) On such facts, the father of the deceased, Md. Tahid Ali, examined as PW1, lodged the FIR on 30.10.2012, with the Mangaldoi Police Station, on receipt of which, a case, being Mangaldoi Police Station Case No. 67/2012 under Sections 302/34 of the IPC, was registered, investigated into, and finally, on completion of investigation, the police laid the Final Report, dated 27.06.2012 on the ground that the deceased caught fire by accident resulting in her ultimate death.;


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