Excerpt
The Gauhati High Court upheld the decision of the Sessions Judge. Husband and his parents, who physically and mentally tortured his wife and finally killed her, are punished with rigorous life imprisonment.
Facts of the case
Anjuma, the victim, was married to Imamul for about 13 years. Imamul and his parents used to physically and mentally torture the victim, and on one such day, she lost her life due to fatal injuries. The Deceased’s father filed the case. Sessions Judge held all four convicts guilty, and they were punished with rigorous imprisonment for life with a fine of Rs. 10,000/- each. This case was an appeal against this judgement.
Arguments of the Petitioner
The Accused claimed that the deceased was having an extramarital affair. When she was found in a compromising position in the lavatory, she committed suicide, jumping from the sanitised latrine. They also claimed that the Witnesses presented were not worthy of finding confidence as they were altered from the initial statements. It was also stated that the injuries on the deceased body were post martem.
Arguments of the Defendant
According to the learned Counsel, some eyewitnesses saw the body of the Deceased lying in the house of her in-laws, the neck of the victim was completely broken. Moreover, before the victim’s death, there was a quarrel between the Deceased and her husband as he was getting married again. In the autopsy, it was found that there were multiple fractures on the body of the Deceased. The Deceased’s father also claimed that Imamul put kerosene on the Deceased a year before the incident and tried to burn her.
Court’s Opinion
In the view of the Court, the Deceased died a homicidal death. Also, considering the evidence, the Deceased was a victim of torture. She was killed in the marital home in secrecy, and the Appellant failed to present any reliable explanation. As all the proof and circumstantial evidence are against him, the appeal is disposed of.
Click here to view the Judgement.
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