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2017 Supreme(Gau) 851

HITESH KUMAR SARMA
Abdus Samad Sheikh, Son of Md. Monsur Ali Sheikh – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant :Mr. MA Sheikh, Mr. KU Ahmed, Mr. MH Choudhury, Mr. M Hussain, Advocates.
For the Respondent: Mr. NJ Dutta, Additional Public Prosecutor.

JUDGMENT & ORDER :

This appeal, under Section 374(2) of the Cr.P.C., is preferred against the judgment and order, dated 06-08-2008, passed by learned Sessions Judge, Dhubri, in Sessions Case No. 21 of 2006, convicting the accused-appellant, under Sections 313 and 498(A) of the IPC and sentencing him, to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for 1 year under Section 313 IPC and also sentencing him to rigorous imprisonment for 2 years under Section 498(A) IPC.

2. I have heard Mr. MA Sheikh, learned counsel appearing on behalf of accused-appellant. I have also heard Mr. NJ Dutta, learned Additional Public Prosecutor, for the state respondent.

3. The fact of the case is that, the informant Rashida Begum, got married with the accused-appellant Abdus Samad on 11.10.2001, and started conjugal life with accused-appellant in his house. After some days of their marriage, her accused-appellant husband, on being instigated by co-accused Mansur Ali and Manjira Khatun, demanded an amount of Rs. 10,000/- from her to be brought from her elder brother for the purpose of repairing of his shop-house. Due to her failure to m





























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