SAMAD ALI Vs. STATE OF ASSAM AND
HIGH COURT OF GAUHATI
State Of Assam And
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Rumi Kumari Phukan, J. -
(1.) Heard Mr. M A Sheikh, learned counsel for the appellant and Mr. B J Dutta, learned Addl. PP, Assam for and on behalf of the State respondent.
(2.) The present appeal has been preferred against the judgment and order dated 28.02.2018, passed by the learned Addl. Sessions Judge, Barpeta, in connection with Sessions Case No. 33/2017 (corresponding to G.R Case No. 3359/2016) whereby the present appellant has been convicted under section 304(B) I.P.C. and sentenced to undergo R.I, for seven years.
(3.) The prosecution case, as revealed from the FIR filed by one Bahazuddin (PW.3) inter alia is that his granddaughter, Asma Khatun was married with accused Samad Ali about 12 months back and she used to stay with him as husband and wife. After the marriage, the accused person and his father Nurul Amin demanded Rs. 50,000/- as dowry but as the father of the deceased was a poor person, he could not fulfil the demand. As a result the accused persons subjected her both physical and mental torture. Though she tried to fulfil her obligation as wife, the accused persons threatened to kill her, if she could not bring money as demanded by the accused. However, on 28.06.2016, in the morning he got the information that body of Asma Khatun was found hanging in the home of accused.
Accordingly the informant rushed to the matrimonial house of his granddaughter and saw her dead body hanging. He suspected that the accused persons killed her and hanged her body to show that she committed suicide.;
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