NABAB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Aggrieved by the judgment and order, dated 14.9.98, passed by the learned Additional Sessions Judge, Kamrup, Guwahati, in Secessions Case No. 218(K)/ 95 convicting the accused appellant under Section 302, IPC, and sentencing him to undergo imprisonment for life and pay a fine of Rs. 1000.00 and in default, to undergo rigorous imprisonment for a further period of three months, the accused- appellant has preferred this appeal.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows: Daliman Nessa, daughter of Md Bahej Uddin Munchi, died after about 12 to 14 years of her marriage with accused Nabab AH. Since the accused wanted to marry another woman, he started assaulting and torturing Daliman. About 10-12 days before her death, Daliman had come to her father's house and remained there for a few days. Thereafter, her parents sent her along with their co-villagers, namely, Sorab Ali Munshi. Hakim Uddin and Kalu Diwani to Nabab Ali's house, who somehow, persuaded the accused to let Daliman live there. Three or four days thereafter, accused brought Daliman, lying on a wooden plank with injuries on her person, to her father's house. She told Sorab Ali and others that she had been beaten by her husband. Later on, accused Nabab and others took Daliman to doctor from her father's house. Three or four days thereafter, Daliman died, on 9.6.92, at the house of the accused. On coming to know about her death, her father lodged a written ejahar, on 9.6.92, itself, at Sontoli Police Outpost, alleging inter alia, that on the previous night, accused had killed Daliman by assaulting her inhumanity. Based on this ejahar, Boko PS Case No. 81/92 under Section 302 IPC was registered against the accused. Police held inquest over the said dead body and prepared inquest report. Post-mortem examination was concluded on the said dead body. The stomach contents of the said deceased, on chemical analysis, revealed presence of carbonate pesticide. Upon completion of investigation, police laid charge sheet (Ext- 3) against the accused under Section 302 IPC.

(3.) On the case being committed to the Court of Sessions, learned Additional Sessions Judge framed a charge under Section 302 IPC against the accused, but when the said charge was read over and explained to the accused, he pleaded not guilty thereto.