ABDUL BAREK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Appeal is directed against the order of conviction dated 17-12-1993, under Ss. 498A and 302 of the IPC passed by the learned Sessions Judge, Malda in Sessions Trial No. 10 of 1993, arising out of Sessions Case No. 3 of 1992, convicting the accused and sentenced him to suffer R.I. for three years sentencing him further to pay fine of Rs. 2,000/- in default, R.I. for six months and also convicted him for life imprisonment making him liable to pay fine of Rs. 4,000/-, in default of suffer R.I. for one year more. Both the sentences are to run concurrently.

(2.) To get a grip of the facts in order to decide the fate of this case, we advert to discuss the facts of this case in a nutshell.

(3.) The instant case was initiated against the accused under Ss. 498 and 302 of the IPC for having committed an offence of torture inflicted upon the wife coupled with an allegation of having committed the murder of Renu Bibi, the wife of the accused. The victim was given in marriage with the accused two years before the date of occurrence dated 3-6-1987 which was reported by Naimuddin, the brother of the deceased. The victim was removed to Chanchal Hospital for the assault inflicted on her by the accused when he rushed to the hospital and found his sister dead. Thereafter, a police case was started which ended in submission of the charge-sheet. On conclusion of investigation, the case was committed to the Court of Sessions along with the accused to stand the trial.