MASUD ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order of conviction passed by Additional District and Sessions Judge, 3rd Fast Track Court, Berhampore, Murshidbad in Sessions Trial No. 416 of 2006 convicting the accused Masud Ali for commission of offence under Section 498A/306 I.P.C. and sentence to suffer R.I. for three years and to pay fine of Rs. 500/- I.D. to S.I. to S.I. for three months for commission of offence under Section 498 I.P.C. and also R.I. for seven years and to pay a fine of Rs. 1,000/- I.D. to S.I. for three months for commission of offence under Section 306 I.P.C. Being aggrieved by and dissatisfied with the said order of conviction the accused Masud Ali preferred the instant appeal.

(2.) SHORTLY put that one Ilias Mia, father of the victim Firdousi Khatun lodged a written complaint to the Nowda P.S. alleging inter alia that at the time of her marriage with Masud Ali, he gave gold ornaments of 6 Bharis and after marriage his son-in-law started to demand for a motor cycle and failure to meet up such demand, Masud Ali started torture upon her wife as a result Firdousi Khatun, the victim girl committed suicide. It is alleged in the written complaint that Masud Ali, his father Ahammad Ali, brother-in-law Rasid Khan used to torture Firdousi Khatun. Hence the prosecution case. The defence case as it appears from the trend of the cross-examination of the prosecution witnesses that of the Court witness and the answer given by the accused person to their respective examination under Section 313 Cr.P.C. is that of absolute innocence.

(3.) IN view of the aforesaid discussion I think that there is nothing on record to uphold the judgement passed by the learned Court below. Though learned Counsel for the State tried his level best to uphold the sentence inflicted upon the accused person. Yet I am of the opinion that the forceful submission made by the learned Counsel for the State rings rather hollow.