INSAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred against the judgment and order dated 16th May, 2000 passed by the Learned Additional Sessions Judge, Midnapore in Criminal Appeal No. 30 of 1998 wherein the Learned Appellate Court affirmed the order of conviction and sentence dated 20.05.1998, passed by the Learned Assistant Sessions Judge, 2nd Court, Contai in S.T Case No. VIII/January/1997.

(2.) The Learned Trial Court convicted the present petitioner and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for three months for commission of offence under Section 498A of the Indian Penal Code.

(3.) The prosecution case in brief is that one Arjuman Bibi was married to Insar Khan alias Ensat Khan on or about 1396 B.S. according to Muslim Rites & Customs and after marriage the deceased went to her matrimonial home and during the subsistence of their wed-lock a daughter was born. The present petitioner and his father was involved in the profession of fishing for which they required boat and net and the petitioner and his father demanded from the victim a sum of Rs. 10,000/- to be paid by her father for installation of an engine at the boat. The deceased expressed her incapability of demanding such money from her father. As a result she was assaulted, tortured and neglected. The petitioner expressed his intention to marry again, however, the father of the deceased went to her house to settle the dispute and requested the petitioner and his family members to live peacefully. On or about 28.03.1991 the petitioner and his family members attempted to kill the deceased by setting fire on her after pouring kerosene oil but the neighbours saved her, however, she was driven out of the matrimonial house on 29.03.1991. She was also treated at hospital and two criminal cases were filed at the instance of the deceased, one for maintenance and the other for torturing her. However, the said cases were compromised and the deceased returned to her matrimonial home. After two months of her return the petitioner and her family members again demanded a sum of Rs. 10,000/- to which the deceased protested, when she was abused and asked to commit suicide. The said dispute was settled at a salish on 12.04.1993 and on 10.05.1993 the deceased met with an unnatural death.