STATE Vs. JANE ALAM

JUDGEMENT

(1.) The present appeal is directed against the order of acquittal passed by the Id. Additional Sessions Judge, 1st Court, Burdwan in Sessions Case No. 303/1991 (S. T. 19/1993) on 11.01.1994. The prosecution case, in brief, is that the de facto complainant's daughter Alina Bibi @ Kali, aged about 22 years, was given in marriage with accused Jana Alam about 1 years ago according to Mahomedan rites, and at that time Rs. 21,000/- as dowry, gift and ornaments were given. She was subjected to torture by the said accused for more money. On 20.01.1989 at about 3.00 p.m. on coming to learn about her serious injury due to burn, they had been to Katwa Hospital on the next morning and on query she reported that the above accused Jane Alam and her parents-in- law caused her to wear terricot saree, blouse & petticoat and they set fire on her person resulting in her burn injuries. On 23.01.1989 she was transferred to Burdwan Hospital where she expired at about 10.45 p.m. Hence, all the three accused persons were charged under sections 498A/304B IPC.

(2.) The defence case, as suggested to P.W.I, P.W. 6 & P. W. 10, is that accused Jane Alam did not demand a TV set and motorcycle. The letter alleged to have been written by Jane Alam on behalf of the victim is a manufactured one. The victim did not report about the incident or that the accused persons set fire on her person. The present case has been filed at the instance of step-mother Amena Bibi.

(3.) 14 witnesses were examined on behalf of the prosecution, while none was examined on behalf of the defence, and after considering the facts, circumstances and materials on record, the Id. Court below found the accused persons not guilty and as such acquitted them of the charge under sections 498A/304B IPC.