MOHIDUL MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 7.7.2015 and 8.7.2015 passed by the learned Additional Sessions Judge, 5th Court, Barasat in Sessions Case no. 1012/14 (Sessions Trial No. 4(8)/14 convicting the appellant for commission of offence punishable under Section 498A/302 of the Indian Penal Code and sentencing him to suffer simple imprisonment for two years and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for another two months for the offence punishable under section 498A IPC and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for another six months for the offence punishable under section 302 IPC, both the sentences run concurrently.

(2.) Prosecution case against the appellant and other accused persons is to the effect that the victim had married the appellant ten years ago according to Muslim rites and custom. From their wedlock a female child was born who was 8 years of age at the time of the incident. Two years after the marriage she was subjected to torture on further demands of dowry by the appellant and other accused persons. She was not provided with food and clothing. On 6.3.2014 at about 8 a.m, P.W. 1, Hasanur Mollah, brother of the victim received information that his sister had died and after reaching her matrimonial home, he found that her dead body bearing injuries on her nose and mouth was lying in the veranda of the house. P.W 1 lodged complaint at Deganga P.S. resulting in registration of Deganga P.S case no. 127/14 dated 6.3.2014 under section 498A/302/406/34 IPC and under section 3/4 of the D.P Act against the appellant and one Mobarak Molla and Rubia Bibi, father in law and mother in law respectively of the victim housewife.

(3.) In conclusion of investigation, charge sheet was filed against the aforesaid persons. The case was committed to the court of sessions and transferred to the court of Additional Sessions Judge, 5th Court, Barasat, North 24 Parganas for trial and disposal. Charges were framed under section 498A/302/201/34 IPC against the accused persons. They pleaded not guilty and claimed to be tried.