JOHORUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The question that is involved in the instant appeal is as to whether one of the accused persons, i.e., the husband of the de facto complainant can be convicted under Sec. 498A and Sec. 323 of the Indian Penal Code when allegation in the FIR by the de facto complainant/wife was physically and mentally tortured on illegal demand of money conjointly by all the matrimonial relations including the husband and accordingly charge was framed against all the accused persons taking aid of Sec. 34 of the Indian Penal Code.

(2.) The instant appeal is directed against the judgment and order of conviction and sentence dtd. 20th January, 2016 passed by the learned Additional Sessions Judge, Fast Track Court, Rampurhat in Sessions Trial No. 08/February/2013 arising out of Sessions Case No. 23/2013 convicting the appellant only under Ss. 498A/323 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year with fine and default clause for the offence punishable under Sec. 498A of the Indian Penal Code and fine of Rs.500/-, in default, to suffer simple imprisonment for offence punishable under Sec. 323 of the Indian Penal Code.

(3.) It is not disputed that marriage of the de facto complainant was held with the appellant on 22nd June, 2011 as per Mohammedan rites and ceremonies and after marriage they started to live together as husband and wife. After few days of marriage, the accused persons being the husband, father-in-law, mother-in-law, brother-in-law and married sisters-in-law started treating him with cruelty in many ways and forced her to bring a sum of Rs.2,00,000.00 from her father. The FIR discloses some undated incidents when accused persons assaulted her pulling her hair and by fists and blows on several parts of her body. In the meantime, she became pregnant and on 14th July, 2012 when she was in her father 's house during her pregnancy for six months her sisters-in-law came to her paternal home and insisted her to terminate the fetus. When she refused all the accused persons assaulted her by fists, blows and kicks. She narrated the incident to her father. He came to her matrimonial home on 17th July, 2012 and took her to her paternal home. Thereafter on 28th August, 2012, her father went to her matrimonial home for amicable settlement of the dispute but all the accused persons denied to accept the de facto complainant in their house until and unless an amount of Rs.2,00,000.00 would be paid to them. All these incidents compelled the de facto complainant to lodge a written complaint against the accused persons before the Officer-in-Charge, Rampurhat Police Station.