BAHARUL BAIDYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ppellant has assailed judgment and order dtd. 28/7/2016 and 29/7/2016 convicting the appellant for commission of offence punishable under Ss. 498A/302/201 of the Indian Penal Code and sentencing him to suffer simple imprisonment for three years for the offence punishable under Sec. 498A of the Indian Penal Code, to suffer rigorous imprisonment for life for the offence punishable under Sec. 302 of the Indian Penal Code and to suffer simple imprisonment for seven years and to pay a fine of Rs.10,000.00, in default, to suffer further imprisonment of one year for the offence punishable under Sec. 201 of the Indian Penal Code. All the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellant is to the effect that victim Asmina Khatoon was married to the appellant three months prior to the incident according to Muslim rites and customs. At the time of marriage, Rs.80,000.00 in cash, a pair of gold rings were given to the appellant. One month after the marriage appellant and in-laws subjected Asmina to torture over further demand of money. She returned to her parental home unable to bear torture. Appellant made a phone call to the father of the victim, Abul Khair Molla (P.W. 1) and requested him to bring Asmina to the matrimonial home. In the month of Bhadra at about 11.30 a.m. father-in-law, Safiqul Baidya and mother-in-law, Jabeda Bibi came and took Asmina back to the matrimonial home. On that day at 9 p.m. appellant telephoned P.W. 1 and stated that he had asked for a glass of water from Asmina and since she delayed in bringing water he had slapped her twice. Thereafter he went to the bathroom and Asmina went missing. On the next day at 5 a.m. P.W. 1 and others came to the matrimonial home and found Asmina was still untraceable. Suspecting that she had been murdered, P.W. 1 lodged written complaint at the police station resulting in Kashipur Police Station Case No. 163 of 2012 dtd. 25/8/2012 under Ss. 498A/364 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. In the course of investigation P.W. 11 (S.I. Shankar Patra) arrested the appellant and the body of Asmina was recovered from Bagchola canal (khal) on 26/8/2012 which was at a walking distance of 5 to 7 minutes from the residence of the appellant. Body was recovered in the presence of P.W. 7 (Kader Molla). Asmina was taken to the hospital where she was declared dead by P.W. 9 (Dr. Himadri Sekhar Mondal). P.W. 8 (Dr. U. P. Ghosal) held postmortem over the body of the victim and opined that she had died by strangulation by ligature around the neck ante mortem and homicidal in nature. Upon recovery of the body of the victim, Sec. 302/201 of IPC was added to the F.I.R. In conclusion of investigation, charge-sheet was filed against the appellant and other in-laws. Mother-in-law of the victim (Jabeda Bibi) was not arrested and the case was filed against her. Charges were framed under Ss. 498A/34/302/34/201/34 of IPC against the appellant and his father, Safiqul Baidya. Prosecution examined eleven witnesses and exhibited a number of documents. In the course of trial co-accused Safiqul Baidya expired. In conclusion of trial, learned trial Judge by the impugned judgment and order convicted and sentenced the appellant, as aforesaid.

(3.) P.Ws. 1 and 2, Abul Khair Molla and Fuljan Bibi respectively, are the parents of the victim girl. P.W. 3, Saleha Bibi is her aunt. P.W. 1 deposed victim girl Asmina was married to the appellant three months prior to the incident. Rs.80,000.00 in cash and gold ornaments were gifted to the appellant at the time of marriage. However, she was subjected to torture over further demands of dowry. In the month of Ramjan, Asmina came to the residence of P.W. 1 and stayed there for a couple of days. Appellant told P.W. 1 to bring Asmina back to her matrimonial home. In the month of Bhadra parents-in-law of Asmina came and took her back to the matrimonial home. On the same day at 9P.M. appellant telephoned P.W. 1 and stated he had asked Asmina to bring drinking water and she refused. As a result, he slapped Asmina. Thereafter he went to the bathroom and Asmina went missing. On the next day at 5 a.m. P.W. 1 went to the matrimonial home of the victim. Appellant and other in-laws could not give any explanation with regard to the absence of the victim. Written complaint was lodged by P.W. 1 which was scribed by P.W. 10. On the next day, at the hospital P.W. 1 identified the body of his daughter. She had a rope tied around her neck. Evidence of P.W. 1 is corroborated by P.Ws. 2 and 3. Prosecution case that the appellant on the fateful night had slapped his wife as she did not bring water is admitted by him during his examination under sec. 313 Cr.P.C. Hence, presence of the victim at the matrimonial home at the time of occurrence is established.