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2007 Supreme(Gau) 315

I.A.ANSARI
Mariamun Nessa – Appellant
Versus
State of Assam – Respondent


JUDGMENT

I.A. Ansari, J.

1. The material facts giving rise to the present revision may, in brief, be set out as follows:

(i) The present petitioners are facing, as accused, trial on a charge framed against them under Section 304 read with Section 34 IPC. During the course of the trial, prosecution examined two witnesses, PW1 being a doctor, who claimed to have conducted postmortem examination on the dead-body of Jalaluddin, who had been allegedly killed by the present petitioners in furtherance of their common intention, the accused-petitioner No. 1 being the widow of the said deceased, namely, Jalaluddin @ Bakul Mia. The second witness (PW2) examined by prosecution is Abdul Bari, brother of the said deceased. In his evidence, this witness (PW2) has deposed that accused Mariamun Nessa is the widow of the said deceased, accused Musttafa Ahmed is the husband of his niece and accused Jehirul Islam is his daughter's husband. In his evidence, PW2 has deposed that on the day of occurrence, in the morning, on hearing hue and cry raised from the house of the deceased, when he went there, he found Jalaluddin lying dead with mark of condensed blood on his neck, whereupon police was informed, fo












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