KABIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. A. Ahmed, learned counsel for the appellant and Mr. BB. Gogoi, learned Additional Public Prosecutor, Assam for the State as well as Mr. R. Ali, learned counsel for the respondent No.2.

(2.) Daughter of the informant Nulchan Ali, namely Monwara was given marriage to the accused Kabir Ali, three years back and certain articles were given in the marriage such as furniture, gold ornaments etc. in the marriage and after one year of marriage, her husband demanded Rs.40,000/- and a bike from her but the informant failed to fulfill such demand because of his poor condition for which she was subjected to torture. On 07.07.2015, Monwara died in a suspicious circumstances and on 08.07.2015 an FIR was lodged by the informant that husband of the deceased and in-laws killed Monwara by forcing her to consume insecticide. Based on the FIR, Alogotichar PS Case No.66/2015 u/s 304(B)/34 IPC was registered and investigation was initiated. The deadbody was sent for post-mortem examination and the viscera was sent for chemical examination. On the conclusion of the investigation, charge-sheet was submitted against the husband Kabir Ali, Mohammad Ali, Ashatun Nessa and subsequently, Hazarat Ali and Noor Alom was also added as accused by the court in course of trial under Section 319 Cr.P.C..

(3.) All the accused persons faced the trial and denied the charge framed under Section 304(B)/34 IPC and claimed to be tried. In course of trial, prosecution examined 8 witnesses in support of the case and defence also adduced one witness in support of their defence. At the conclusion of the trial, the learned trial court held the accused Kabir Ali guilty under Section 304(B) IPC and sentenced him to suffer rigorous imprisonment for 7 years and rest of the accused persons were acquitted from the charge. Present appeal is preferred against such findings of the learned trial court.