NUR SALIM MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is preferred by the appellant against a judgment and order dtd. 16/6/2000 passed by the Learned Additional Sessions Judge, 1st Court, Midnapore in Sessions Trial Case No. XL/November 1997, convicting the appellants under Sec. 498A/34, 304B/34 of Indian Penal Code and under Sec. 4 read with Sec. 3 of the Dowry Prohibition Act and sentenced the appellants to suffer rigorous imprisonment for two years and fine of Rs.2,00,000.00 each, in default, whereof further rigorous imprisonment for three months each under Sec. 498A of the Indian Penal Code and to suffer rigorous imprisonment for seven years each under Sec. 304B of the Indian Penal Code and to suffer rigorous imprisonment for four months and a fine of Rs.2,000.00 each, in default whereof, a further rigorous imprisonment for three months each under Sec. 4 read with Sec. 3 of the Dowry Prohibition Act and all the three sentences of substantive imprisonment will run concurrently.

(2.) The prosecution case originated on the basis of a complaint filed by the brother of the victim precisely stating that the victim was married to Nur Salim Mallick, son of Siddique Mallick. A sum of Rs.7,000.00, and 3 bhories of gold, Titan wrist watch was provided to the bride groom as dowry with a promise to provide 1 bhori of gold later on. The victim was tortured time and again on demand of such remaining portion of dowry. The complainant had given 8 annas of gold later on when the victim visited their house to attend a marriage. On 28/39/7/1997 at about 2 hrs. at night the elder brother of the victim's husband namely Nur Islam Mallick and brother of the husband of his sister Nur Alam Mallick visited their house and informed that his sister was ill with vomiting and loose motion. The complainant accompanied his brother and mother reached the matrimonial home of his sister and found her lying on the bedsted, the body being covered by a cloth. The complainant opined that the present appellants had killed his sister in collusion.

(3.) Based on the aforesaid complaint Kolaghat P.S. Case No. 97/97 dtd. 29/7/1997 was registered under Ss. 498A/304B/302 of the Indian Penal Code.