P. K. Musahary, J. -

None appears for the appellant when the matter was called upon.

Heard Mr. D. Das. learned Additional Public Prosecutor. Assam.

2. This appeal has been filed against the judgment and order dated 12.11.2002, passed by the learned Sessions Judge Morigaon in Sessions Case No. 67/2000 corresponding (G.R. Case No. 533/99) convicting the accused appellant and sentencing him to undergo rigorous imprisonment for 7 (seven) years under Section 306 1PC and further convicted and sentenced to undergo rigorous imprisonment for a period of 7(seven) years under Section 201 IPC and directing that the aforesaid sentence would run concurrently against him.

3. The prosecution story is that the informant's younger sister Nunm Nehar, aged about 22 years was married to the accused Abul Kashem three years ago. In the night of 17.8.99, the accused Abul Kashem along with Jonab AH. Abdul Hasen and Abul Hussain jointly tortured his sister and forcibly compelled her to consume poison and thereby killed her. After killing her, they buried the dead body. Saiful Islam, elder brother of the deceased filed a written complaint before the Chief Judicial Magistrate, Morigaon which was registered as C.R. Case No. 171/99 and forwarded to the Officer-in-Charge, Moirabari Police Station for registering the case and investigation thereof and also to submit the report thereon.

Accordingly Moirabari Police Station Case No. 61/99 was registered under Sections 302/201 IPC. The Investigating Officer visited the place of occurrence and requisitioned presence of an Executive Magistrate to attend the inquest of the dead body. In presence of Circle Officer, Lahorighat, the dead body of the victim was rescued on 28.8.99. The police seized a photocopy of a compromise deed allegedly executed between the parties and a small bottle containing some quantity of liquid substance. The Investigating Officer also prepared a separate inquest report and forwarded the dead body for post-mortem examination. During investigation, the Investigating Officer examined some witnesses and collected the post-mortem report. But the doctor could not ascertain the cause of death for which the viscera of the dead body was preserved for FSL examination. The aforesaid viscera was sent by the police for FSL examination. The FSL report gave positive test of organo chlorine pesticide. On the basis of the aforesaid materials the police, after completion of the investigation, submitted charge sheet under Sections 306/201 IPC against the accused-appellant.

On committal, the learned Sessions Judge, Morigaon, framed charge under Sections 302/201 IPC. On being read over and explained, the accused-appellant pleaded not guilty and claimed to stand trial.

4. As many as 10 (ten) witnesses were examined by the prosecution. I have scanned the evidence of the prosecution witnesses, particularly PW 1, Shri Saiful Islam; PW 2 Shri Abdul Ali; PW 4 Md. Kurban All and PW 5 Smti. Amirjan Bibi, who are brother, uncle, father and mother respectively of the deceased. There is nothing to show from the evidence of these witnesses that the deceased and the accused-appellant had some misunderstanding between themselves hi their marriage life or they have been having some trouble due to some misunderstanding. According to the evidence of PW 1, brother of the deceased, his sister did not have any quarrel with the accused.

5. Going through the entire evidence of the aforesaid witnesses, it could not be found that there was any dowry demand from the accused-appellant or he tortured the deceased for dowry demand or for some other matter.

6. PW 6, Shri Suleman Ali is a co-villager of the accused-appellant and he is also brother-in-law of the deceased. From his evidence also there is nothing to gather that the deceased and the accused-appellant had any misunderstanding or quarrel before the alleged occurrence took place. In his cross examination he rather deposed that the relation between the deceased and the accused-appellant wa

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