JUMOR ALI AND 2 ORS, S/O JABED ALI Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
Jumor Ali And 2 Ors, S/O Jabed Ali
STATE OF ASSAM
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MIR ALFAZ ALI,J. -
(1.) Heard Mr. N Ahmed, learned counsel for the petitioner and Mr. BB Gogoi, learned Addl. PP, Assam.
(2.) This appeal is directed against the judgement and order dated 13.11.2009 passed by the learned Addl. Sessions Judge (FTC), Barpeta in Sessions Case No.92/2006. By the said judgement, learned Addl. Sessions Judge convicted the appellant under Section 306 I.P.C. read with Section 34 I.P.C. and sentenced to RI for 5 (five) years and fine of Rs. 1,000/- in default to further SI for 3 (three) months.
(3.) As per the prosecution case, the victim Maleka Khatun was married to the accused/appellant Jumor Ali. On 28.06.2004 the uncle of the victim came to know that Maleka was seriously ill and accordingly, he along with his elder brother and other villagers went to the house of the appellants and found the victim dead. On query, the appellants could not give any proper explanation as to the cause of death of the victim. Suspecting that the victim might have succumbed to the injuries sustained due to physical assault, an FIR was lodged by PW-1, on the basis of which the police registered a case and after usual investigation submitted charge-sheet against the husband of the victim and his brother.;
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