NAJRUL ISLAM Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by convict appellant Najrul Islam challenging the judgment of conviction dated 04.02.2009 and order dated 05.02.2009 of sentence of rigorous imprisonment of three years with fine of Rs.1000/ - in default of payment to suffer simple imprisonment for three months of the charge under Section 498 A of the Indian Penal code (in short I.P.C.) and of rigorous imprisonment of 8 years with fine of Rs.3000/ - in default of payment to suffer simple imprisonment for one year of the charge under Section 304 B, I.P.C. passed by learned Additional Sessions Judge, 6th Fast Track Court, Alipore in Sessions Trial No. 01 (06) 07 corresponding to Sessions Case No. 52 (06) 06. The appellant is detained in correctional home.

(2.) Inter alia, the appellant has contended that the impugned judgment is bad in law and against the weight of evidence on records. He has claimed that the impugned judgment of conviction and sentence is liable to be set aside and he deserves acquittal.

(3.) The case in the trial Court in brief was that on 03.05.2005 at 12:05 p.m. Sk. Alauddin (PW 1) lodged a written information at Nodakhali Police Station which was registered as Nodakhali P,S. Case No. 49 dated 03.05.2005 under Sections 498 A/304 B/34, I.P.C. against the appellant and six others as accused. Said case was investigated by S.I. ­ Mriganka Prasad Bera as investigating police officer (in short I.O.) (PW 15) and on completion of investigation he submitted charge -sheet under Section 498 A/304 B/34, I.P.C. against all the seven accused persons. Charges under Sections 498 A/304 B/34, I.P.C. were framed against all the seven accused persons. After trial, excepting the appellant other six accused persons were acquitted. In the written information PW 1 alleged that on 25.04.2004 his daughter Eyasmina was given in marriage with the appellant. Acquitted accused persons are inmates of the house of appellant. Since after 2/3 months of marriage all accused persons subjected to mental and physical cruelty on Eyasmina in her matrimonial house demanding money as additional dowry. Being informed by Eyasmina the PW 1 went to the house of appellant on 2/3 occasions and discussed with all accused persons and settled the dispute. On 24.04.2005 all accused persons unitedly assaulted Eyasmina demanding Rs.40,000/ - and they sent her to the house of PW 1. PW 1 consoled his daughter and sent her back to her matrimonial house again. On 29.04.2005 all accused persons assaulted Eyasmina and put her in starvation since morning. In the night of 01.05.2005 at about 12:30 a.m. all accused persons beat Eyasmina and killed her and they hanged up her body with one scarf (orna) binding around her neck. After the death of Eyasmina the PW 1 went to the house of accused persons and came to know the facts. Defence of the accused persons as transpired during trial is outright denial of the allegations of demand of money or dowry, torture on Eyasmina in her matrimonial home and her homicidal death.