Criminal Appeal No. 292 of 2014. Case: Abdul Khaleque Vs State of Assam & another.. Guwahati High Court

Case NumberCriminal Appeal No. 292 of 2014
CounselFor Appellant: Mr. AK Bhattacharyya, learned senior Counsel, assisted by Mr. SC Biswas, Mr.RB Deb and Mr.DK Bhattacharyya, learned counsel. and For Respondent: Ms. Shamima Jahan,learned Additional Public Prosecutor.
JudgesMr. Ajit Singh, C.J
IssueIndian Penal Code - Section 302; Code of Criminal Procedure - Section 313
Judgement DateSeptember 16, 2016
CourtGuwahati High Court


  1. The sole appellant Abdul Khaleque has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life.

  2. According to the prosecution case, Rohima Khatoon was married to the appellant about 20 years prior to the date of incident whereafter, she gave birth to two sons and one daughter. After the birth of third child, the appellant developed interest in another woman Manowara Begum and wanted to marry her. Rohima objected to his intention of marrying Manowara. This led to frequent quarrels between them. And on the intervening night of 11/12-10-2007, the appellant strangulated Rohima to death in his house. He then, on 12.10.2007, around 9 a.m. lodged the First Information Report in writing at Borghat Police Outpost alleging that Rohima had committed suicide by hanging. On receipt of the written First Information Report, its entry was made in General Diary vide Borghat Outpost G.D. Entry No.199 dated 12.10.2007. Acting upon the information, Investigating Officer - Golap Deka (PW-7) visited the house of appellant and found that body of Rohima was lying on a mat in the courtyard. He thereafter made the inquest report on the dead body vide exhibit

  3. He also seized one rope vide exhibit 3 which was produced by the appellant. At that point of time, Golap Deka bonafide believed that Rohima had committed suicide. He however sent her body for the post mortem examination.

  4. On 12.10.2007, around 3 p.m. Abdul Kadir (PW-1), father of Rohima also lodged written First Information Report alleging that because Rohima was resisting the appellant from marrying another woman, he ill-treated and tortured her and there was strong possibility that she might have been killed by him. An entry of this report exhibit 5 was made in the G.D. Register and the case was registered at Police Station Tezpur. The earlier report of appellant was amalgamated with the subsequent report of Abdul Kadir and the entire incident was investigated by Golap Deka.

  5. Dr. Achinta Kumar Baruah (PW-3) conducted the post mortem examination on the dead body of Rohima. The doctor found one 1.5 cm ligature mark encircling the whole neck with absence of knot. The doctor in his post mortem examination report exhibit 1 opined that Rohima died due to asphyxia as a result of strangulation and the injury found was ante mortem and caused by strangulation with rope.

  6. Golap Deka after investigating the cause of death of Rohima charge sheeted the appellant for an...

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