KUDRAT ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence, dated 31.03.2012, passed by learned Sessions Judge, North Tripura, Kailashahar, in Case No.ST 49(NT/K) of 2011, whereunder learned Sessions Judge found the appellants guilty of committing offence punishable under Section 498A read with Section 34 of IPC and sentenced them to suffer SI for two years and to pay a fine of Rs. 10,000/-(rupees ten thousand), in default of payment of fine to suffer SI for six months.

(2.) Heard learned counsel, Mr. P. Roy Barman for the appellants and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) Fact, leading to the prosecution and punishment of the appellants, in short, is that marriage between accused appellant, Md. Kudrat Ali and the victim deceased, Majlufa Khanam was solemnized as per Muslim customary rites and ceremonies about 10/13 years before the date of occurrence, i.e. on 11.04.2009. It is the case of the prosecution that on 11.04.2009 at about 8.00 am the accused convicts Md. Kudrat Ali (husband of the deceased), Md. Kadar Ali, nephew of Kudrat Ali and Mst. Sirai/Chirai Begam, wife of Kadar Ali, all physically assaulted Majlufa in the matrimonial home, i.e. in the house of Kudrat Ali, and thereafter Majlufa consumed poison in front of the house of a neighbour, Ahamed Ali and while she was on way to hospital died due to poisoning.