NAZIRUL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Dolly Bibi was married to Najirul Sekh. She suffered an unnatural death at her in-law's place on July 23, 2003. As per the Muslim rites, the in-laws including Nazirul, buried her at the graveyard of Sankarpur in the district of Mursidabad. From the evidence, it is not clear how she died although, her in-laws claimed that she died of her illness. No medical evidence did come out during trial to support such case of the defence. Dolly's father was away from his house. When he came back he held discussion with his relatives and friends including PW-2 who took part in the ritual conducted at the time of burial. He also discussed with his wife and son who also went there to see Dolly dead. They found unnaturality in the appearance of the dead body. After being satisfied that his daughter was killed by her in-laws, her father Nurshed Sekh made a complaint in the Court of S.D.J.M., Jangipur, Murshidabad as against Nazirul Sekh, the husband, Nerash Sekh, father in-law, Nesha Bibi, the mother in-law, Sanaul Sekh, the brother of Nazirul, and Rokeya Bibi, sister of Najirul. According to the petition, Nurshed apprehended that his daughter was killed by her in-laws. As per the written complaint, earlier Dolly filed maintenance case as against Nazirul as well as another criminal proceeding alleging domestic violence under Section 498(A) of the Indian Penal Code as against Nazirul, Nerash and Nesha before the same Court. However Nazirul settled the dispute and took Dolly back to her in-law's place. She also became pregnant for seven months and was excepting to give birth to a child very shortly. She was subjected to constant physical and mental torture. The PW-1, 2, 3 and 4 intervened and tried to resist the in-laws from torturing. They were driven out from the house. On the next day Dolly died having injuries on her person. In-laws buried the dead body without informing the local Police Station. At about 3:00 p.m. learned Magistrate directed the Police to take cognizance. Accordingly, the Police took cognizance. The body was exhumed from the graveyard at Sankarpur on August 8, 2003, at about 11:45 a.m. Nazirul identified the body. The body was sent for post mortem to ascertain the cause of death. PW-18, doctor deposed that the body was decomposed. However, the bones were intact. He found fracture on the thyroid bone. He found bluish mark on the tongue and nailbeds. According to him, the death was due to Asphyxia.

(2.) Police arrested Nazirul and his parents as well as his brother and sister and chargesheeted them under Section 302 read with Section 34 as well as Section 201 read with 34 of the Indian Penal Code. All the accused pleaded innocence and faced trial.

(3.) Nurshed Sekh was a cultivator. According to him, Dolly was married about four years back as per Islamic rituals and customs. She was subjected to mental and physical torture and was ultimately driven out from her in-law's place. Dolly then filed two cases against Nazirul and started residing with her parents. After sometime Nazirul settled the dispute and took back Dolly. However, situation did not change. Dolly was again subjected to physical and mental torture. When he was out of station one person of his village informed him that Nazirul and others committed murder of his daughter. He then came back to his residence and held discussion with Sattar, Rejaul, Raisuddin, Nazimuddin who stated that they had seen stains of blood on the face and hand of Dolly. Since it was delayed he filed a case without making a complaint to the Police Station. In cross-examination he deposed that he got the information after six/seven days of occurrence from Tanu, a resident of Shibnagar. After receiving the information he took leave from his employer and then rushed back to his native place. His son and wife saw the dead body. They also saw blood stain on the dead body and informed the same to him. The grave of Dolly was identified by Nazirul.