ANCHARUL HAQUE Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order of conviction dated 7th September, 2006 passed by the learned sessions Judge, Cooch Behar in sessions trial No. 8 (2) 05 arising out of sessions case No. 67/04 by which the appellant was convicted for the offences punishable under Sections 302/498a of IPC. By an order dated 8th September, 2006, the appellant was sentenced to suffer imprisonment for life as also to pay fine of Rs. 2,000/-, in default to suffer further simple imprisonment for a period of six months for the offence punishable under Section 302 of IPC. No separate sentence for the offence punishable under Section 498a of IPC was awarded by the learned Lower Court. The parents of the appellant namely Tachiruddin Mia @ Tozir Mia and jamila Bibi were also tried in this case for the offence punishable under Section 498a of IPC but the Trial Court finding no tangible evidence against them to his satisfaction had however, acquitted them of the offence under Section 498a of ipc charged against them.

(2.) PROSECUTION version in a nut shell is as follows :-

(3.) MACHIRAN Bibi, mother of the deceased, (P. W. 1) on 1. 1. 2003 at about 08. 30 hours went to Kotwali P. S. , Cooch Behar, Sadar and lodged written complaint (Ext. 5 ). At Police Station, Kotawali on the basis of the Machiran Bibi's F. I. R. , a case under Sections 498a/304 of IPC was registered against the appellant and his parents. After registering the case, the Investigating Agency took up investigation. Inquest and post-mortem examination were accordingly held on the dead body of the deceased. In the usual course, after completion of investigation, charge-sheet under Sections 302/498a of IPC was submitted against the appellant and his parents. The case was committed to the Court of sessions. In the Court of sessions, charges under Sections 302/498a of IPC against the appellant and charge under Section 498a of IPC against the parents of the appellant were framed. The appellant and his parents pleaded not guilty to the charge framed against them and claimed to be tried.