SK. JIARUDDIN @ JIAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has preferred an appeal against the judgement and order of conviction dated March 18, 2021 passed by the learned Sessions Judge, Birbhum in Sessions Trial No. 11 of 2019 arising out of Sessions Case No. 24 of 2019.

(2.) By the impugned judgement and order of conviction dated March 18, 2021, the learned trial judge has convicted the appellant under Sec. 326 of the Indian Penal Code, 1860 and sentenced the appellant to undergo rigorous imprisonment for 10 years along with a fine of Rs.10,000.00 in default to undergo simple imprisonment for further 6 months for commission of the offence punishable under Sec. 326 of the Indian Penal Code, 1860.

(3.) The prosecution had alleged before the trial Court, against the appellant that, the appellant married the victim on July 3, 2005 according to Muslim Shariat law and that they were living as husband-and-wife. The appellant had subjected his wife to physical and mental torture by severely assaulting her while being in a drunken condition and on October 4, 2018 at about 5 AM the appellant had assaulted his wife with a sharp cutting tool on both her hands, legs nose, ear and neck at random, inflicting serious injuries and causing grievous hurt with the intention of murdering her.