MD. IRFAN HABIB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgment of conviction dated 30.01.2014 and the order of sentence dated 01.02.2014 passed by the learned Sessions Judge, 2nd Court, Malda, in Sessions Case No. 176 of 2011 (S.T. No. 51 of 2011) are in challenge in this Criminal Appeal. By the aforesaid judgment and order the Trial Court convicted the accused Md Irfan Habib in the case, of the offence punishable under Section 498 A/306 of the Indian Penal Code (in short, I. P. C.) and sentenced him to suffer Rigorous Imprisonment for 3 years and to pay a fine of Rs. 5,000.00 (rupees five thousand only) in default to suffer Rigorous Imprisonment for 6 months more, for the offence under Section 498 A I. P. C. and also sentenced the said accused Md Irfan Habib to suffer Rigorous Imprisonment for 5 years and to pay a fine of Rs. 5,000.00 (rupees five thousand only) in default to suffer Rigorous Imprisonment for 6 months more, for the offence under Section 306 I. P. C. The other accused persons in the case were found not guilty of the charges and accordingly acquitted. Being aggrieved by such judgment and order the accused Md Irfan Habib preferred the present appeal.

(2.) The facts leading to the appeal as narrated in the F.I.R. may be summarised, in short, in the following way. The Appellant Md Irfan Habib married Habiba Pervin according to Muslim law and rituals and after such marriage Habiba Pervin went to her matrimonial home at village Chamagram under P. S. Kaliachak, Dist. Malda. Within a short period after the marriage, the Appellant as well as his family members started torture upon Habiba physically as well as mentally in different ways and Habiba disclosed the facts to her parents and other members of her parental home. In the morning of 14.05.2009 one Biraj Ahemad of Appellant's village informed the uncle of Habiba over telephone that Habiba died by hanging in her matrimonial home. After receiving such information Habiba's uncle along with others rushed to the house of the Appellant and found Habiba's dead body lying in the floor of the Appellant's house. Habiba's uncle Md Kahalilur Rahaman thereafter submitted a written complaint at Kaliachak Police Station and narrated therein the aforesaid facts. On the basis of such complaint Kaliachak Police Station Case No. 283 of 2009, dated 14.05.2009 was started against the Appellant and his family members, named in the aforesaid complaint. Investigation started and after its completion, charge sheet under Sections 498 A/ 306 I. P. C. was submitted against all the accused persons. Thereafter cognizance was taken and the case was committed to the Court of learned Sessions Judge, Malda in usual course from where the case was transferred to the Court of learned Additional Sessions Judge, 2nd Court at Malda, for disposal.

(3.) Considering the materials collected during investigation charges under Sections 498 A /34 and 306/ 34 I. P. C. were framed against the Appellant and other accused persons. The Appellant and other accused persons denied the charges and pleaded their innocence.