AHED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being convicted under Sections 304-B/34 IPC and sentenced to undergo R. I. for 7 (seven) years, the appellants have preferred this appeal against the judgment and order dated 23.07.2008 passed by the learned Sessions Judge, Darrang, Mongaldoi in Sessions Case No. 67 (DM)/2005.

(2.) The prosecution case, in nutshell, is that on 17.10.2002, one Md. Samsur Ali lodged an FIR with the Officer-in-Charge, Sipajhar P. S. alleging that on 24.04.2002 his third daughter, Mustt. Runu Begum, aged about 25 years, was married to Md. Samadul Ali @ Samasul Hoque, third son of Md. Bhebua Sheikh. On 15.10.2002 at about 7.30 AM at Maroi under Sipajhar P. S., Md. Bhebua Sheikh, Halima Begum, Md. Ahed Ali and Md. Mazizul Haque @ Ali set fire on the person of Runu Begum by pouring kerosene on her body on demand of dowry. The accused being relatives of Md. Samadul Ali @ Samasul Hoque, husband of the deceased, caused severe burn injury on her person and she succumbed to her injuries on the same day at about 10.30 P. M. at Gauhati Medical College Hospital ('GMCH' in short). The deceased, Runu Begum, before her death, allegedly stated before the O. C., Sipajhar Police Station and attending doctor that the aforesaid accused-persons forcefully poured kerosene on her body and set fire.

(3.) On the basis of the aforesaid FIR, the police registered a case being Sipajhar P. S. Case No. 148/02 under Sections 304-B IPC read with Section 34 IPC. Police, after investigation, submitted charge sheet under Sections 304-B/34 IPC against Md. Ahed Ali, Md. Mazizul Haque @ Ali and Mustt. Halima Begum, the present appellants. The case was committed to the Sessions Judge, Darrang, Mongaldoi, who framed charges under Sections 304-B/34 IPC against the appellants to which they pleaded not guilty and claimed to stand trial.