MOFIZUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application is directed against an order of acquittal dated 28th September 2005 of the co-accused of charges under section 302 read with sections 34 and 120B of the Indian Penal Code passed by the learned Additional Sessions Judge, Fast Track 1st Court, Burdwan in Sessions Case No.81 of 2005 corresponding to Sessions Trial No. 23 of 2005 ( State vs. Hasanabanu Begam @ Rekha Begam & Anr.). The facts and circumstances of the case briefly stated are as follows:- On 31st January 2005 a written complaint was lodged with the Officer-in- Charge, Bhatar Police Station, in the district of Burdwan, alleging that Sk. Nurjamal was suspected to have died an unnatural death on 26th January 2005 at his residence while he was supposedly sleeping with his wife and son. Around 1 A.M., in the night, his brothers and neighbours, after having been informed about the death, called at his residence when the aforesaid discovery was made. In the morning of 27th January 2005 the police was informed by Sk. Mofizul, a brother of the victim when they insisted upon a written complaint. Sk. Mofizul came back to the village. He was advised not to proceed with the matter and to go in for funeral of his deceased brother according to the religious rites. The informant and his other brothers were ultimately persuaded in a state of confusion to bury the dead body. However subsequently they finally decided to bring the matter to the notice of the police. It was alleged in the written complaint that the widow Hasanabanu @ Rekha had been engaged in an illicit relationship with the co-accused Kader Ali. THIS extra-marital relationship had been protested by the deceased whereupon both the accused persons threatened him of death. The deceased was thus forced to suffer the relationship. The informant entertained the belief that his sister-in-law, the widow of the deceased, in conspiracy with another had killed his brother Nurjamal. The dead body thereafter was exhumed. The case was investigated. Both the accused were arrested and ultimately chargesheeted and tried. The trial culminated in an order of conviction of the widow Hasnabanu @ Rekha but the co-accused Kader was acquitted. It is this acquittal which is under challenge. At the hearing no one appeared for the petitioner. The Court in the circumstances perused the evidence by itself and heard the learned Advocate appearing for the accused/opposite party. Only submission advanced by Mr. Banerjee was that his client was rightly acquitted because he had no role to play in the offence for which the co-accused was convicted and sentenced to suffer imprisonment for life. He ended by submitting that this Court should not interfere with the judgment. The learned Trial Court in passing the order of acquittal has ignored major part of the evidence briefly indicated hereinbelow:-