SAYED NASIRUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) FEELING aggrieved, the appellant assails his conviction under Section 498a/304 (B) of the I. P. C. and sentence of two years rigorous imprisonment with fine of Rs. 2,000 with default stipulation under Section 498a, I. P. C. and of R. I. for 7 years on account of the charge under Section 304-B of the I. P. C. as was recorded by the learned Additional Sessions judge, Fast Track Court at Bolpur in the district of Birbhum on 18. 6. 2005 in Sessions case No. 173 of 2004 corresponding to T. R no. 2 (12) of 2004.

(2.) PW11 Smt. Golenur Bibi, the mother of the victim Mokramma Bibi lodged an f. I. R with the Ilam Bazar P. S. on 7. 6. 2000 alleging that her daughter who was given in marriage with the appellant sometime in the year of 1406 BS was subjected to assault and torture on demands of dowry. She had paid Rs. 2,000 in consideration of the happiness of the daughter but torture continued unabated. In Falgun 1406 BS her daughter filed a case for maintenance but subsequently at the intervention of Pradhan of Ilam Bazar an amicable settlement was reached as a result of which the appellant took his daughter to his home and it was agreed that the maintenance case would be withdrawn. But the degree of torture took a horrible turn with a demand of Rs. 20,000 for construction of a house by the appellant. The appellant was made to understand that some amount of money could be collected. On 6. 6. 2000 she got the information of death of her daughter and it was ascertained by her that she died an unnatural death.

(3.) THE Ilam Bazar Police Station recorded the P. S. Case No. 55 of 2000 dated 7. 6. 2000 under Section 304b of the I. P. C. and upon completion of investigation charge-sheet was submitted against the appellant under the said sections of the law.