MD AFSAR ALI MALLICK Vs. RAFIQUE MISTRI

JUDGEMENT

(1.) This revisional application has been directed against the judgment and order dt. 30th September, 1996 passed by the Id. Addl. Sessions Judge, 2nd Court, Nadia in S. T. No. 4(3) of 1995 whereunder the accused persons (the present O. P. s) were acquitted of all the charge framed against them. The relevant facts leading to this revision was be summarized as follows:

(2.) Mamtaz Khatoon, daughter of the elder brother of the revisional applicant Afsar Ali Mallick was given in marriage with Rafique Mistri, the O. P. No. 1 (one of the accused persons) on 15th Aswin, 1396 B. S. according to the Muslim rites. The father of Mamtaz had to pay money amounting to Rs. 8, 000/- and also to give gold ornaments etc. to the said Rafique as dowry. A Kabilnama was executed wherein the payment of the said dowry money as well as Denmohar amounting to Rs. 4001/- was recorded. On 4th November, 1992 the petitioner Md. Afsar Ali Mallick lodged a complaint before the O. C. Kaliaganj Police Station alleging that since Mamtaz Khatoon could not give birth to any child after her marriage, her father-in-law Mazid Mistri, mother-in-law and elder brother-in-law Fashid Mistri used to torture her both physically and mentally and even they instigated her to put an end to her life. Subsequently her husband Rafique Mistri also joined those in-laws in perpetrating the torture on her. The informant further stated in the FIR that his niece, Mamtaz Khatoon having been unable to bear such torture on one occasion returned to her father's house and there was a salish effected by the prominent members of the village between the parties when Rafique Mistri gave an undertaking before them that they would no longer torture Mamtaz Khatoon and after this Mamtaz Khatoon was sent back to her father-in-laws house. But on 4th November, 1992, that is, on the date on which this FIR was lodged at about 2-40 P.M. the informant received an information from one villager of Barachandghar village the Mamtaz had committed suicide at about 8-00 a. m. on that date by taking poison. Having received this news the informant along with his cousin-brother Hisar Mallick, the father of Mallick and another went to Barachandghar village and reaching there they found Mamtaz lying dead. Hence he filed the complaint before police stating the above facts so that the said in-laws as well as the husband of Mamtaz Khatoon could be proceeded against.

(3.) On the basis of this FIR the police started Kaliaganj P. S. Case No. 295 dt. 4.11.1992 and investigated into the same and after completion of the investigation submitted chargesheet against the abovementioned four accused under sections 498A and 306/34 IPC. The case being sessions triable was committed to the Court of Sessions and the Id. Addl. Sessions Judge after considering the materials on record framed charge against all of them under the abovenoted sections, namely, 498A and 306/34 IPC and read over the same to the accused all of whom pleaded not guilty to the charge.