ABDUL HANNAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Death Reference as also the appeal arose out of a judgement dated 30th July, 2007 passed by the learned Additional District and Sessions Judge, Fast Track Court, gangarampur at Buniadpur, District " Dakshin Dinajpur in Sessions Trial No. 06 of 2006 arising out of Sessions Case No. 38 of 2006 convicting the appellant for charges under Sections 302 and 201 of the Indian Penal Code and an order dated 2nd August, 2007 by which the appellant was sentenced to extreme penalty of death for the offence punishable under section 302 of IPC as also to pay fine of Rs. 50,000/-, in default to suffer rigorous imprisonment for a further period of five years. The appellant was also sentenced to suffer rigorous imprisonment for seven years as also to pay a fine of rs. 10,000/- , in default to suffer rigorous imprisonment for a further period of one year for the offence punishable under section 201 IPC. Both the reference and appeal have been heard together and this judgment will govern both the reference and appeal. Briefly stated the facts and circumstances of the case are that on 18th April, 2005 the deceased Meher Negar Begam was given in marriage to the appellant Abdul Hannan according to Sariyat Law. The Bidai ceremony was held within a month thereafter. Eleven days prior to her death, the deceased came to her paternal house accompanied by a cousin of her husband. On 13th October, 2005 corresponding to 26th Aswin 1412 b. S. , the appellant took away his wife from her parental house on the pretext of a dinner thrown by a brother-in-law of the deceased. On the following day in the morning at about 6 A. M. . , the deadbody of the deceased was found. The appellant was charged under Sections 302 and 201 of the Indian Penal Code and was convicted and sentenced as aforesaid. Mr. Mukherjee, the learned Advocate, appearing in support of the appeal, submitted that there is no dependable evidence to sustain the conviction whereas Mr. Goswami, the learned Public Prosecutor, prayed for confirmation of the death sentence. Before we consider the submissions advanced by Mr. Mukherjee, we would like to notice the evidence on the record. The month of Ramjan began on or about 5th October, 2005. Prior to his marriage, the appellant was prosecuting his studies at Nomunia Madrasah. For the month of Ramjan, commencing from 5th October, 2005, the appellant was appointed imam of Dangapara Mosjid which is situate in the village Bhullakuri. The appellant took the assignment and started residing in the house of Mohiruddin, the P. W. 9.

(2.) THE evidence of P. W. 1 in this regard is as follows :-"during this time my son-in-law used to reside at Dangapara in the house of Mohiruddin and in the Mosjid. " the evidence of P. W. 9 in this regard is as follows :-

(3.) THE P. W. 12 deposed as follows :-