KAMRUL HUDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction passed by learned Additional Sessions Judge, Fast Track, 2nd Court, Islampur, Uttar Dinajpur in S.C Case No. 42 of 2013, S.T. Case No. 35 of 2013. By the impugned judgement learned Trial Court was pleased to record an order of conviction against the appellant for committing offence under Sec. 498A of the I.P.C. and sentenced him to suffer simple imprisonment for two years and to pay fine of Rs.5000.00 with a default clause.

(2.) Briefly stated, Khurshid Ali of Kishangunj set the criminal administration of justice into motion by informing the Officer-in-charge of Islampur Police Station, Uttar Dinajpur about the unnatural death of his daughter Jarina Khatun who was married to Md. Kamrul Huda. It was disclosed that at the time of marriage a sum of Rs.10,000.00, ornaments made of gold and silver, utensils and furniture, wrist watch, bi-cycle etc. were presented. His daughter gave birth to two children. After marriage Jarina was subjected to physical and mental torture over the demand of money by her husband and parents-in-law. Jarina was put under pressure to fetch money from her father and her failure invited plight in marital life. Torture was reached to such an extent that Panchayet Pradhan had to intervene to settle the dispute. On 29/1/2005 around 8.30 p.m. Khurshid Ali came to learn that his daughter Jarina succumbed to burn injury, in her matrimonial home. As the information disclosed offence cognizable in nature Islampur P.S. Case No. 19 of 2005 dtd. 13/1/2005 was registered under Sec. 498A/302/34 of the I.P.C.

(3.) After compliance of provision of Sec. 207 of Cr.P.C. and 209 of Cr.P.C. the case was transferred to learned Additional Sessions Judge, Fast Track, 2nd Court, Islampur for disposal.