Criminal Appeal No. 292 of 2014. Case: Abdul Khaleque Vs State of Assam & another.. Guwahati High Court
Case Number | Criminal Appeal No. 292 of 2014 |
Counsel | For 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. |
Judges | Mr. Ajit Singh, C.J |
Issue | Indian Penal Code - Section 302; Code of Criminal Procedure - Section 313 |
Judgement Date | Friday September 16, 2016 |
Court | Guwahati High Court |
Judgment:
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The sole appellant Abdul Khaleque has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life.
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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
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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.
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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...
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