SK. AKTAR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order of conviction and sentence passed by the Learned Additional District and Sessions Judge, Fast Track Court - II, Uluberia, Howrah, in S.T. Case No. 289/07 whereby the learned trial Court convicted the appellants for offence punishable under section 498A/302/34 of the Indian Penal Code (in short I.P.C.) The learned trial Court sentenced the appellants to suffer rigorous imprisonment for two years and pay fine of Rs. 500/-, in default to suffer simple imprisonment for two months for offence punishable under Section 498A of the I.P.C. and to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/-, in default to suffer simple imprisonment for 10 months for offence punishable under Section 302 of the I.P.C., both the sentences to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that the defacto complainant Jamsed Mallick lodged complaint on 12-06-2001 before Shyampur P.S. to the effect that his daughter Rausnara Biwi aged about 19 years was married to Sk. Aktar Ali, son of late Sk. Mofi before about three months from the date of complaint and after her marriage her husband, husband's sister and mother inflicted torture upon her regularly. The complainant was informed on 12-06-2001 that his daughter had hanged herself to death. He alongwith his family members immediately rushed to his daughter's house and found his daughter hanging by a knot tied with a cloth. Marks of injury were found on her chin and the inmates of her matrimonial home were absent. The complainant believed that the husband, mother-in-law and sister-in-law of the victim jointly murdered her.

(3.) On receipt of the complaint, Shyampur P.S. Case No. 50 dated 12-06- 2001 was registered under section 498A/302/201/34 of the I.P.C., setting the criminal law in motion. Charge sheet was submitted against the appellants and another under section 498A/302/201/34 of the I.P.C. after completion of investigation. The case was committed to the Learned Sessions Judge, Howrah, and was subsequently transferred to the Court of Learned Additional Sessions Judge, Fast Track Court - II, Uluberia for trial/disposal.