MOJAMMEL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgement dated 27th May, 1997 passed by the learned Additional Sessions Judge, 5th Court, Midnapore, in sessions Trial Case No. VIII/nov/95 convicting the appellants for offences punishable under Sections 498a/306/304b read with Section 34 of the Indian penal Code and Sections 3 and 4 of the Dowry Prohibition Act and an order dated 28th May, 1997 by which the appellant, Sk. Mozammel, husband of the deceased rupban was sentenced to suffer rigorous imprisonment for two years as also to pay fine of Rs. 2,000/- in default to suffer rigorous imprisonment for six months for the offence punishable under Section 498a of the Indian Penal Code. He was also sentenced to suffer rigorous imprisonment for ten years for the offence punishable under Section 304b of the Indian Penal Code. He was also sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 3,000/in default to suffer rigorous imprisonment for one year for the offence punishable under Section 306 of the Indian Penal Code. He was also sentenced to suffer rigorous imprisonment for a period of three months and to pay a fine of Rs. 2000/-, in default to suffer further rigorous imprisonment for one month for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act. All the substantive sentences were directed to run concurrently.

(2.) SK. Rousan, father-in-law of the deceased Rupban, was sentenced to suffer rigorous imprisonment for one year as also to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three months for the offence punishable under Section 498a of the Indian Penal Code. He was also sentenced to suffer rigorous imprisonment for seven years for the offence punishable under section 304b of the Indian Penal Code. He was further sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 1000/- in default to suffer rigorous imprisonment for six months for the offence punishable under section 306 of the Indian Penal Code. He was also sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for one month for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act. All the substantive sentences were directed to run concurrently.

(3.) THE appellant no. 3 Fatema Bibi, mother in law of the deceased rupban, was sentenced to suffer rigorous imprisonment for one year and also to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for three months for the offence under Section 498a of the Indian Penal Code. She was also sentenced to suffer rigorous imprisonment for seven years for the offence punishable under Section 304b of the Indian Penal Code. She was further sentenced to suffer rigorous imprisonment for three years and to pay a fine of rs. 1,000/- in default to suffer rigorous imprisonment for six months for the offence punishable under Section 306 of the Indian Penal Code. Identical punishment for the offence punishable under Sections 3 and 4 of the Dowry prohibition Act was also inflicted upon her as was done in the case of her husband Sk. Rousan. All the substantive sentences were directed to run concurrently.