MINTU MIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of judgment and order dated 29.11.2008 & 1.12.2008 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Sadar, Coochbehar in Sessions Case No. 143/06 under Sections 498A/304B, IPC thereby convicting the appellants and sentencing them accordingly.

(2.) In the background of this appeal the fact in a nutshell is that one Md. Nazrul Mia of village Nakkati, P. S. Kotwali lodged a written complaint on 14.3.06 that his daughter Noornehar Khatoon was married to one Mintu Rahaman of Cooch Behar Sahityasabha Lane, P.S. Kotwali on 21st April, 2005. During marriage he paid Rs. 1 lac in cash and three tolas of gold ornaments. After marriage his daughter was mercilessly assaulted by her husband and other inmates of her matrimonial house. They pressurized her to fetch further money of Rs. 50,000/ . Her parents in law, nanad and husband jointly used to inflict torture upon her physically and mentally. Before five months of the incident they drove her out of their house after assulting but the complainant's relations and neighbours settled the matter after discussion with the inmates of his daughters in law's use. He also stated that before one month of the modest daughter in law and her nanad assaulted her mercilessly and dragged her by rope and threatened to kill her. On hearing her cry, the neighbours rushed to the spot and saved her. Thereafter, her husband came to the house and assaulted her with his waist belt. On 13.3.2006, at about 3 p.m. when after cooking she was sitting in her bedroom, her husband, who is a maruti van driver, came to her room alongwith her father in law, mother in law, nanad. They gagged her mouth by cloth and poured kerosene oil on her body and set her on fire. She was 60% burnt when the neighbours took her to the hospital. A complaint was lodged.

(3.) The case was committed before the learned Court of sessions and thereafter the learned trial Court framed charges under Section 498A/304B, IPC against the accused persons.