MANIK CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Mal, Jalpaiguri in Sessions Trial No. 46(08)/2016 arising out of Sessions Case No. 392 of 2015 (CIS SC 308/2015). One Nani Oraon had a relationship with the accused/appellant. The accused used to visit the house of Nani Oraon, a widow for medical treatment of her minor daughter. During such visit, the accused got intimate with the said Nani Oraon. He proposed her to marry. At the time of marriage, Nani Oraon came to know that the accused was a Mohammedan by faith.

(2.) The case was committed to the Court of Sessions for trial as the offence under Sec. 307 of the Indian Penal Code was exclusively triable by the Court of Sessions.

(3.) The learned Trial Judge on due consideration of evidence on record and the submission made by the learned counsels for the parties convicted the accused for committing offence under Sec. 323 of the Indian Penal Code and sentenced him to suffer imprisonment for three months and also to pay fine of Rs.1,000.00, in default, to undergo simple imprisonment for a month.