MINHAJ UDDIN AND ANR. Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
Minhaj Uddin And Anr.
The State Of Assam
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MIR ALFAZ ALI,J. -
(1.) Heard Mr. A.M. Bora, learned senior counsel for the appellants and Ms. S Jahan, learned Addl. PP, Assam.
(2.) This appeal is directed against the judgment and order dated 28.04.2009 passed by the learned Sessions Judge, Barpeta in Sessions Case No.195/2006. By the said judgment, learned Sessions Judge convicted the accused/appellants under Sections 304(B)/201/498(A)/34 IPC and sentenced them to imprisonment for 2 (two) years and fine of Rs. 1,000 with default stipulation under Sections 498(A)/34 IPC, rigorous imprisonment for 10 (ten) years and fine of Rs. 3,000/- with default stipulation under Section 304 B/34 IPC and rigorous imprisonment for 2 (two) years and fine of Rs. 1,000/- with default stipulation under Section 201/34 IPC.
(3.) As per the prosecution case, projected in the FIR, victim Rehela Begum was married to the appellant Julhash Ali and since after the marriage, the accused/appellant Julhash Ali demanded Rs. 50,000/- as dowry from the parents of the victim at the instigation of his parents and other members of the family. Upon failure of the parents of the victim to meet such demand, the victim was threatened with dire consequences. The appellant also on various occasions sent the victim to her parents' house for bringing money and ultimately on 13.05.2002 all the 6 (six) accused persons mentioned in the FIR killed the victim by strangulating her. The FIR was lodged by PW-7, the paternal uncle of the victim. On the basis of the said FIR, police registered a case and after usual investigation submitted charge-sheet under Sections 304(B)/34 IPC.;
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