ALI MOHAMMAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 28.08.2001 passed by the learned Judge, Special Court, E.C. Act-cumAdditional District and Sessions Judge, Asansol, Burdwan in S.C. Case No. 5/92 whereby the learned Sessions Judge convicted the appellants for commission of offence punishable under Sections 498A /326/302/34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for two years each and to pay a fine of Rs. 1,000/- each, in default to suffer rigorous imprisonment for six months more (for the offence punishable under Section 498A of the I.P.C.) to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000/- each in default to suffer rigorous imprisonment for one year more (for the offence punishable under Section 302 of the Indian Penal Code), both the sentences to run concurrently. No separate sentence was awarded for the offence punishable under Section 326 of the Indian Penal Code.

(2.) The prosecution case as alleged against the appellants is to the effect that the victim Mobia Bibi was married to appellant No. 2 (Sk. Siraj) in April-May, 1988; on 12.12.1989 the appellant No. 1 (Sk. Ali Mohammad) demanded a sum of Rs. 200/- from Mobia ; she replied that she had no money, then Siraj asked her to bring the money from her parent's house situated in the same locality; she went to her parent's house and requested her mother to pay Rs. 200/- and told her that if that amount was not paid, her husband would murder her; her mother was unable to pay the said amount and when she returned to her in laws house, she was assaulted and kerosene oil was poured on her body and she was set on fire by the appellants; it was alleged that door of the room was locked from the outside with the cycle chain; local people hearing the hue and cry rescued her and shifted her to the Asansol S.D. Hospital; in the meantime, First Information Report was lodged at Barabani police station by her father, Abdul Hai (P.W. 1), resulting in the registration of Barabani P.S. Case No. 94 dated 89 dated 12.12.1989 under Sections 498A/326/34 of the Indian Penal Code against the appellants and one Hazera Bibi; at the hospital, it was alleged that the victim made dying declarations before the treating doctors and finally succumbed to her injuries; upon her death, Section 302 was added to the case. The charge-sheet was filed in the instant case under Sections 498A/326/302/34 of the Indian Penal Code against the appellants and the said Hazera Bibi.

(3.) The case was committed to the Court of Sessions and thereafter was transferred to the Court of learned Judge, Special Court, E.C. Act-cum-Additional District and Sessions Judge, Asansol for trial and disposal.