SAHEB PEADA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against a judgment and order dated 19th July, 2006 passed by the Additional Sessions Judge, Fast Track Court, 1st Court, Baruipur in Sessions Trial No. 3(3)05 corresponding to Sessions Case No. 57(1)05, whereby the accused appellant, Saheb Peada has been held guilty and convicted of offence under Sec. 498A and 302 of the Indian Penal Code and an order of sentence passed on 20th July, 2006 whereby the accused appellant has been sentenced to rigorous imprisonment for three years for offence under Sec. 498A and to rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - for offence under Sec. 302 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(2.) It is the case of the prosecution that Amiran Bibi (the deceased), niece of the de facto complainant, Madar Dhali was married to the accused appellant, Saheb Peada in 2000 according to Islamic rights. At the time of Amiran's marriage with the accused appellant, numerous articles were given to Amiran and the accused appellant.

(3.) Some time after Amiran's marriage with the accused appellant, Amiran informed the de facto complainant that the accused appellant and the members of his family used to complain that the articles given by Amiran's family at the time of marriage were not of good quality and unless more money was given by her family, she would not be allowed to live in her matrimonial home.