ASIRUDDIN DALAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been directed against the Judgment and Order dated 17th day of December, 2003 passed by Sri Bipin Mukherjee, learned Additional District & Sessions Judge, Second Court, Bankura, in Sessions Case No.9(11)2001/Sessions Trial No.3 (2) 2002 convicting the appellant Asiruddin Dalal under Sections 498A and 307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.10,000/- (rupees ten thousand only) in default to suffer simple imprisonment for 1(one) year for the offence under Section 307 of the Indian Penal code, and further sentencing him to rigorous imprisonment for 3 (three) years and to pay a fine of Rs.5,000/ (rupees five thousand only) in default to suffer simple imprisonment for 6 (six) months more for the offence under Section 498A of the Indian Penal Code with a direction that both the sentences shall run concurrently.

(2.) The prosecution case in short, is this that on 14th February, 1999 a written information was lodged by the informant at Indpur Police Station under Khatra Sub-Division of District Bankura being FIR No.3/1999 under Sections 498A/326/307/34 of the Indian Penal Code with the allegation that in the month of Chaitra last year his daughter Rafia Bibi was married with the present appellant Asiruddin Dalal, son of Afjal Dalal of Gour Bazar village, according to the Muslim rites and cash of Rs. 12,000/- and other articles were given at the time of marriage as dowry. Since after marriage the present appellant and 12 others named in the FIR used to torture Rafia Bibi both physically and mentally and ask her to bring money from her father and threatened her that otherwise she will be divorced. The daughter of the informant used to tell the informant party about the said torture upon her when she used to come to her father's house. The informant also visited his daughter's father-in-law's house at Gour Bazar 2/3 times and gave them money but the torture upon his daughter was continued. Ultimately on 7th February, 1999 Sunday after taking meal at night informant's daughter and son-in-law went to bed in the same room and his daughter was sleeping but suddenly she woke up when fire was caught on her person and clothes. She cried out immediately and hearing her shout neighbouring people gathered there and thereafter his daughter was given first aid. Thereafter Akbar Dalal, Rafique Dalal, Belal Dalal went to the village of the informant at Ladda and gave the information, but at that time the informant was not in his house. In the next morning his brother Sk. Barik informed him and getting information he went to visit his daughter at Bankura Gramin Hospital and came to know from his daughter that his son-in-law Asiruddin Dalal tried to kill her by setting her on fire and she suffered severe burn injury thereby.

(3.) After receipt of the said written complaint police started Indpur Police Station Case No.3/1999 dated 14.02.1999 under Sections 498A/ 326/307/34 of the Indian Penal code and after completion of investigation police submitted charge-sheet against the accused persons under Sections 498A/ 326/ 307/34 of the Indian Penal code on Second March, 2000. Thereafter the said case was committed to the Court of learned Sessions Judge, Bankura, who received the case record on 26.11.2001 and transferred the case to the said trial court for disposal. Thereafter charge under Section 498A of the Indian Penal Code was framed against all the accused persons on 11.02.2003 and charge under Section 307 of the Indian Penal code was framed against the present appellant only. The accused persons pleaded not guilty to the alleged offences and faced trial without disclosing any specific defence in their support. During trial the learned Trial Court examined as many as 10 prosecution witnesses, who were cross-examined by the defence. Prosecution also submitted some documents, which have been marked Exhibits.1 to 7.