The court upheld the conviction under Section 304B IPC for dowry death, establishing that the evidence of demand for dowry and physical assault was sufficient to prove homicide.

1] This is an appeal filed against the judgment and order dated 21.06.2019 passed by the learned Additional District & Sessions Judge, Fast Track Court, Hojai, Sankardev Nagar in S.C. No.32(N)/2016, wherein the appellants were convicted under Sections 304 B/34 of I.P.C and vide order dated 26.06.2019, were sentenced to undergo rigorous imprisonment for life.

2] Aggrieved the appellants have filed the instant appeal under Section 374(2) of Cr.P.C. for setting aside and quashing the impugned order dated 21.06.2019 and the subsequent sentence order dated 26.06.2019.

3] The facts of the case in a nutshell is that an FIR was filed on 11.07.2014 by the informant to the effect that, his daughter Hamida Begum, married to the accused/appellant No.1 about one and half months back. After marriage, the appellant No.1 and other members of the family starting assaulting her by demanding money as dowry. On 09.07.2014 his daughter came to his house and informed him that the accused persons demanded 1 (one) lakh rupees as dowry and that the money was required to be given to them. On his persuasion, she went back to his son-in-law’s house the previous day of the incident. Today (i.e on 11.07 2014), around 10:00 A.M, a person named Abdul Rahim informed him that his daughter was unwell and he should go to see her in the hospital. When he went to the Doboka Village Hospital, appellant no.1 had escaped and he found that his daughter was dead with marks on injuries and various parts of the body. The accused person have murdered his daughter in a pre-planned manner and he asked for the investigation of the case. Four accused persons were named in the FIR namely;

1) Sabir Ahmed, S/o Amir Ali

2) Amir Ali, S/o Sonajaji

3) Sayarun Begum, W/o Amir Ali

4) Abdul Rahim (Mulla) S/o Sonahaji and others

All are R/o South Nowabil,

P.S – Murajhar

The FIR was registered as Murajhar P.S case No.283/2014 under Section 304(B) IPC and investigated into. The Investigation Officer/Rajib Buruah, visited the place of occurrence and drew rough sketch map of place of the occurrence. The I.O. examined the witnesses namely – Harej Ali (informant), Nizam Uddin, Moinuddin, Abdul Ahed and Foizur Rahman. The inquest was done by the Circle Officer and the Post Mortem Report was done at Nagoan Civil Hospital, Thereafter, he got transferred.

4] The second investigating officer/ASI, Jiten Borah, collected the PME report and had gone to the CHC, thereafter, he got transferred and handed over the MCD to the Officer-in-Charge, Dibrugarh P.S. along with the extra copy of GD entry 232 dated 11.07.2014.

5] Bipin Ch. Nath is the third investigating officer on the transferred of the previous I/O, who was handed over the C.D. of Murajhar P.S. 283/14 for further investigation. He forwarded the witness Bedena Begum for recording her statement u/s 164 Cr.P.C. before the Magistrate. The accused Md. Sabir Adhmed and Amir Uddin surrendered before P.S. and he arrested them and recorded their statements. Later on, he collected the supplementary CD from Doboka P.S and finding enough material against the accused CD, he filed the charge-sheet under Section 304 B/34 IPC for the accused to face trial.

6] On 02.07.2016 the learned Trial Court framed charged against both the accused persons/appellants under Section 304B/34 IPC, wherein both of them pleaded not guilty and claimed for trial. During trial as many as 10 prosecution witnesses were examined. The accused persons/appellants were then examined under Section 313 Cr.P.C. and 5 (five) defence witnesses were also examined, wherein the appellant No.1 deposed as DW-4 and Amir Uddin/appellant No.2 deposed as DW-5, the stand of the appellants was that the deceased Hamida Begum had committed suicide by hanging herself.

7] The learned Trial Court on considering the evidence record and on hearing both the parties found both the accused persons guilty of the offence under section 304(B)/34 IPC and sentenced them to undergo rigorous imprisonment for life. Aggrieved, the a