ABU HOSSAIN GAIN Vs. THE STATE OF WEST BENGAL
LAWS(CAL)-2015-12-108
HIGH COURT OF CALCUTTA
Decided on December 23,2015

Abu Hossain Gain Appellant
VERSUS
The State Of West Bengal Respondents

JUDGEMENT

- (1.) This appeal is against a judgement and order of sentence dated 8th April, 2010 passed by the Court of the Additional District and Sessions Judge, Fast Track Court No.3, Basirhat, North 24 Parganas, whereby the accused appellant has been held guilty and convicted of murder under Section 302 of the Indian Penal Code and an Order of sentence whereby the accused appellant has been sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/- in default whereof he is to suffer further simple imprisonment for one year.
(2.) The de facto complainant lodged a complaint in writing, dated 23.06.2006, in the Minakhan Police Station, which was treated as FIR, alleging that his younger sister Rehana Khatoon, hereinafter referred to as the deceased, who had got married to the accused appellant on 19th April, 2006, at about 20 years of age, was found dead and that the accused appellant had confessed to his guilt of having killed the deceased inter alia in the presence of a lot of villagers.
(3.) It is the case of the prosecution, that the deceased had come to the house of the de facto complainant, being her parental home, after her mother had met with an accident on 5th June, 2006. About 10 days later, the accused appellant also came to the house of the de facto complainant. There used to be frequent quarrels between the accused appellant and the deceased. On 23rd June, 2006, at noon at about 1 p.m., an altercation took place between the accused and the deceased, while they were having lunch, after which they went into the one of the two rooms in the house to rest. The altercation however continued even after they entered the room. According to the de facto complainant, the de facto complainant went into the other room and fell asleep. At about 3 p.m. the accused appellant came out of the room, bolted the room from outside and told the de facto complainant's wife that he was going home.;


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