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2020 Supreme(Gau) 782

MIR ALFAZ ALI, S.HUKATO SWU
Md. Abdul Malek – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant :S.C. Biswas, Advocate
For the Respondents: PP

JUDGMENT :

Mir Alfaz Ali, J.

1. Heard Mr. S.C. Biswas, learned counsel for the appellant, Ms. S. Jahan, learned Addl. Public Prosecutor for the State-respondent No. 1 and Mr. J. Ahmed, learned counsel for the respondent No. 2.

2. This jail appeal is directed against the judgment and order passed by the learned Sessions Judge, Kamrup, Amingaon in Sessions Case No. 168/2014, whereby the learned Sessions Judge convicted the appellant u/s. 302 IPC and sentenced him to imprisonment for life and fine of Rs. 2,000/- with default stipulation.

3. As per prosecution case, on 10-08-2006 at about 3 am, the appellant killed his wife Saleha Begum and kept the body concealed in the "Dhansa" cultivation field. The FIR (Ext.-2) was lodged by the brother of the appellant, on the basis of which police registered Hajo PS Case No. 151/2006 and commenced investigation. During investigation, police recorded the statement of the witnesses, recovered the body of the deceased, PW-11, Circle Officer prepared the inquest report and the post mortem examination was conducted by Dr. Gunajit Das.

4. The autopsy doctor was not examined. However, Dr. R. Chaliha, Head of the Forensic Medicine, GMCH, who was familiar with

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