RAFIQUE SHAKE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Chalehar Bibi, widow of late Sahajahan Sekh of Mathantala Ghoshpara, Police Station Haroa, in the District of 24-Parganas (North) made a written complaint on June 26, 2001 to the extent that her husband was killed by her brother in-law Rafique Sheikh. As per the complaint, Sahajahan was a habitual drunkard and he used to torture Chalehar as well as her children under the influence of liquor. On the night of June 25, 2001 at about 10:00 p.m. Sahajahan came back home, heavily drunk and abused Chalehar and her children in obscene language. He also made obscene remarks hinting illicit relationship between Chalehar and Rafique. Being annoyed, Rafique gave a blow with the help of "Daa" upon Sahajahan and in consequence thereof Sahajahan fell down on the ground. The neighbours took him to Basirhat Hospital. However, on the way he succumbed to the injury. After consulting with the neighbours, Chalehar lodged a written complaint. Rafique was arrested and chargesheeted under Section 302 of the Indian Penal Code. He pleaded innocence and faced trial.

(2.) PW-1, Sk. Alauddin was the scribe of the complaint. He deposed that he wrote the complaint on the instruction of Chalehar. He read over the complaint to her when she put her signature. Chalehar was not known to him earlier. He was a professional scribe and was not aware of anything about the incident.

(3.) PW-2, Chalehar Bibi corroborated what she had stated in her written complaint. In cross-examination she stated that she instructed the writer when her brother, her brother in-law and other persons were present. She verbally stated the incident to the officer in-charge. She stated everything. Alauddin wrote what had been stated by her brother. She made oral statement to the police. She used to live on the varandah of the house. Sahajahan used to work in a fishery as guard. She denied Farooq having visited her house in absence of her husband. She also denied having animosity with Rafique. She also denied her husband having noticed an "illicit intimacy" with Farooq and herself.