FIROJ SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement dtd. 18/3/2016 and order dtd. 19/3/2016 passed by Additional District and Sessions Judge, Fast Track 1st Court, Berhampore, Murshidabad in Sessions Trail no. 09(06)09 arising out of Sessions Serial no. 183 of 2009 convicting and sentencing the appellant for offence punishable under Sec. 498A of the Indian Penal Code for a period of 3 years and to pay fine of Rs.1000.00 in default to suffer simple imprisonment for a further period of one month and also for offence punishable under Sec. 302 of the Indian Penal Code for rigorous imprisonment for life and to pay fine of Rs.10,000.00 in default to suffer simple imprisonment for a further period of six months.

(2.) The prosecution case in brief is that on 9/11/2008, one Hayat Sk lodged a complaint with officer-in-charge, Rejinagar Police Station with the allegation that his daughter namely Jannati Bibi, aged about 19 Years, was married to the appellant three months back and both of them stayed in his house in the intervening night of 8/11/2008 and 9/11/2008. At around 6 AM in the morning of 9/11/2008 his younger son discovered his elder sister Jannati Bibi was hanging in a kneel down position with a red cloth tied to her neck which was also tied to the bamboo of the thatched room and his brother-in-law i.e. the appellant had fled away from the room. Upon entering the room they found that the victim had already expired. It is further alleged that his daughter was subjected to both physical and mental torture and there was a further demand of money to the tune of Rs.20,000.00. On the basis of the aforesaid complaint Rejinagar Police Station case no. 168 of 2008 dtd. 9/11/2008 under Sec. 498A/304B of the Indian Penal Code was started against the appellant.

(3.) Upon completion of investigation charge-sheet was submitted under Sec. 498A/304B of the Indian Penal Code with adding Sec. 302 of the Indian Penal Code against the appellant.