ABDUL HAMID MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgement and order dated 25th March, 1986 by which the sole appellant, Abdul Hamid Mallick, was convicted of the offence punishable under section 302 of the Indian Penal Code and the co-accused Sk. Manjur and Abdul Jabbar were acquitted of the aforesaid charge. The appellant was sentenced to imprisonment for life and to pay a fine of Rs. 2000.00 in default to suffer further imprisonment for a period of one year passed in Sessions Trial No. 6 of 1986 arising out Sessions Case No. 107 of 1984.

(2.) The facts and circumstances of the case briefly stated are as follows: The deceased Manowara was the younger sister of Mostora. Mostora was given in marriage to one Kasem. Mostora committed suicide leaving minor children. Manowara at that point of time was very young. In order to look after the minor children of her sister Mostora, Manowara very often used to go to the house of Kasem. The accused, Abdul Hamid Mallick, is the younger brother of the said Kasem. By reason ox the constant visit of Manowara to the house of Kasem where Abdul Hamid Mallick also used to reside they developed an intimacy. The father of Manowara at one stage asked them to get married to which they replied that they had already married in a Court. The father of the victim insisted upon production of the marriage certificate which they were unable to produce. Manowara had by this time given birth to a female child which died of drowning. She conceived for the second time. Her father was not satisfied with the word of the couple that they had already married. He therefore made an application before the Muslim Marriage Registrar and on his prayer the Muslim Marriage Registrar, the P.W.17, came and registered the marriage between Manowara and Hamid on 19th April, 1981. On 15th Baisak 1388 B.S. equivalent to 28th April, 1981, the accused Hamid came to the house of the de facto complainant and took away his wife Manowara for the purpose of shopping. The P.W.l was told by the accused Hamid that they might go to watch a movie and might not come back in the night. When they left the house, it was about 2/2.30 p.m., and it was a Tuesday. Manowara did not come back nor did her husband the accused Hamid. On the following Friday, the P.W. 1, got a message from his youngest son-in-law, P.W. 4 that the dead-body of a woman was seen hanging from a tree in the field of Barsul. The P.W.l went in search of his daughter and ultimately identified her dead-body in the morgue. The P.W. 1 went to the Burdwan Police Station. He was asked to meet on Monday but in spite of meeting them repeatedly, they did not do anything. Not even the FIR was accepted by them. In the circumstances, the P.W.l applied before the Sub-Divisional Judicial Magistrate, Burdwan which was directed to be investigated under section 156(3) of the Code of Criminal Procedure on 8th June, 1981. This is how the criminal proceeding was started. The records reveal that the accused Hamid surrendered in Court on 3rd Aug., 1981, after a futile attempt to obtain anticipatory bail and after a warrant of arrest and proclamation was issued.

(3.) The parents of the deceased Manowara subsequently came to know that the accused Hamid had married another woman on 25th April, 1981 which he had never disclosed to them. These facts indicated by us except for the date of su.render were deposed to by the P.W.1 and have remained unchallenged in the cross-examination. From the cross-examination of the P.W. 1 by the defence, it transpired that the relationship between the accused and the deceased commenced 10/12 years prior to the death of Manowara. Manowara most of the time used to stay at her parental house because her parents were old and infirm. The accused prior to 15th Baisak had come to the house of the P.W.1 on 6th or 7th Baisak that is to say 7/8 days prior to 28th April, 1981. The case of the defence appearing from the suggestion given to parents of the deceased is as follows: