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2009 Supreme(Gau) 520

J.CHELAMESWAR, HRISHIKESH ROY
Abdul Rahman – Appellant
Versus
State of Assam – Respondent


JUDGMENT

J. Chelameswar, C.J.

1. Heard Ms. D. Buragohain, learned Counsel for the appellant and Mr. Z. Kamar, learned Public Prosecutor appearing for the State.

2. Aggrieved by judgment dated 12.4.2007 of the learned Sessions Judge, Barpeta in Sessions Case No. 24/2006 of the first accused therein preferred the present appeal. By the said judgment the learned Sessions Judge recorded a verdict of guilt against the appellant herein under Section 304Bread with Section 34, IPC and directed the appellant to suffer imprisonment for life.

3. The appellant alongwith two other accused, the mother and brother of the appellant, were tried under a charge under Section 304B read with Section 34, IPC. The deceased was the wife of the appellant.

4. The present case is a classic example of the sorry state of affairs in which investigation and trial of offences including serious offences, if proved would entail either capital punishment or punishment for life, are conducted.

5. The prosecution case is that the deceased and the appellant herein were married a few months prior to the death. It is unfortunate that the prosecution did not even bother to lead evidence as to the exact date of the marriage. The



































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