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2013 Supreme(Gau) 299

I.A.ANSARI, P.K.MUSAHARY
Hazera Khatun – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff:Mr. B.M. Choudhury, Advocate
For Respondents/Defendant: Mr. K.A. Mazumdar, Addl. P.P.

JUDGMENT

Iqbal Ahmed Ansari, J.

1. By judgment and order, dated 18.4.2011, passed, in Sessions Case No. 94/2008, by the learned Sessions Judge, FTC, Barpeta, the two accused-appellants, namely, Hazera Khatun and Abdul Gafur, stand convicted under Section 302 read with Section 34 IPC and each of them has been sentenced to suffer imprisonment for life and pay fine of rupees two thousand and, in default of payment of fine, suffer simple imprisonment for a period of two months. The prosecution's case may, in brief, be described as under:

(i) On 07.06.2002, at about 9 pm, accused, Abdul Gafur, came to the house of Abdul Rahman, brother of Abdul Razak (since deceased) and told him (Abdul Razak) that he (Abdul Razak) was to accompany him in order to sort out the monetary transaction, which they had. Though Abdul Razak's mother tried to stop Abdul Razak, Abdul Razak left the house, promising to return soon; but he never returned home. On a search being made to find out where Abdul Razak was, the members of his family found Abdul Razak hanging by means of a saree from one of the beams in the house of accused Hazera, the saree having a knot on his neck near his right ear. Having seen the dead b































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