SAHAJAN MOLLA Vs. STATE

JUDGEMENT

(1.) The instant criminal revision application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner with a prayer for quashing the impugned proceeding before G.R. Case No. 1587 of 1997 arising out of the Metiaburuz P.S. Case No. 54(4)97 under Sections 498A/304B/120B of the Indian Penal Code including the charge-sheet filed in the case and also the impugned order dated 19.6.1998 passed in the said case by the learned Sub-Divisional Judicial Magistrate, Alipore.

(2.) The case of the petitioner was in brief that on 14.4.1997 one Moksud Ali lodged a written complaint with Metiaburuz P.S., South 24-Parganas, alleging inter alia that the petitioner married the said Moksud Ali's daughter Rosenara on 5.12.1993 and that enough dowry and Din Mohur were given to him at the time of the said marriage. It was further alleged in the said complaint that after marriage the petitioner and his step-mother and step-sister inflicted torture on his said married daughter. It was further alleged that on 1.4.1997 at mid-night the petitioner, his step-mother and step-sister poured kerosene oil all over the body of the said house-wife Rosenara and set her on fire and as a consequence the victim house-wife suffered 80% burn injuries/The victim was removed to S.S.K.M. Hospital, Calcutta. But unfortunately she died after eight days. The police made investigation into the said case and submitted a charge-sheet on 20.4.1998 under Sections 498A/304B/120B, I.P.C. against the petitioner and three others. According to the petitioner, he was innocent and that all the allegations against him were baseless and that the learned S.D.J.M., Alipore, took cognizance of the offence without application of judicial mind. Again according to the petitioner there was delay in lodging the FIR against the petitioner and that investigation was also carried out by the police in a perfunctory manner and with oblique motive and for collateral purpose. The specific case of the petitioner was that on the fateful night of occurrence his wife sustained burn injuries following the bursting of stove and for saving her life the petitioner jumped upon her for extinguishing the fire. But unfortunately she died at S.S.K.M. Hospital, Calcutta after a few days. Hence the case for quashing the proceeding.

(3.) I have had the opportunity of hearing learned Counsels for all the parties at length in the matter.