SK. MOMREJ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject appeal is directed against judgment and order of conviction dtd. 30/8/2010 and 31/8/2010 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Haldia, Purba Medinipur in Sessions Trial No. 33 of 2007. The appellant was convicted under Sec. 302 read with Sec. 34 of the IPC.

(2.) The victim Muktara Bibi was married to the appellant Sk. Momrej for some time prior to 21/4/2004. The victim and the appellant were issueless. They adopted a male child. The victim was often taunted and tortured by the family of the appellant and the appellant himself for being unable to bear a child. The family of the appellant proposed to a second marriage for him. This was objected too by the victim.

(3.) On 21/4/2004, the brothers and parents of the victim were participating in a festival at an open ground in the village of their residence, namely, Suklachak. At that point of time, a rickshaw van puller called Sk. Moti, arrived at the festival ground and announced that the victim was burnt and was in a critical condition in her house at village- Bhangagara.