ENAMUL HOQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction and sentence dated 27.02.2013 passed by the learned Additional Sessions Judge, Fast Track Court, Mal, Jalpaiguri in Sessions Trial No. 25(12)/2011 arising out of Sessions Case No. 146 of 2011 whereby the appellants/ accused have been convicted for the offences punishable under Section 498A and 306 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months each and to pay a fine of Rs. 1,000/- each in default of which to suffer rigorous imprisonment for one month each for an offence punishable under Section 498A I.P.C. and sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Rs. 2,000/- each in default of which to suffer rigorous imprisonment for two months each for the offence punishable under Section 306 I.P.C.

(2.) Bereft of unnecessary details, prosecution case is that on 18.07.2010 at 00.20 hours, one Monir Khan lodged a written complaint at Mal Bazar Police Station alleging that his daughter Sahanaj Begam was given in marriage to Md. Haque Faruque Abdulla (Nabab) on 103.2010 in accordance with Muslim 'Sariat' after giving dowry. Within a few days of her marriage Sahanaj started complaining to her parents over phone that she was depressed and disturbed. Thereafter a week before 'Rath Jatra' Sahanaj came to her parents' house and informed that she was tortured over the issue of dowry and her husband created pressure upon her for bringing money from her father's house. Her husband would often abuse and assault her over the issue of dowry and threaten her with dire consequences if she informed anyone regarding the torture upon her. On 17.07.2010 the father-in-law of Sahanaj informed Monir Khan that his daughter had committed suicide.

(3.) On the basis of the aforesaid written complaint of Monir Khan, Mal Bazar P.S. Case No. 290 of 2010 dated 18.07.2010 was registered under Section 498A/306 I.P.C. against the appellants being the parents in-law of deceased and her husband Md. Haque Faruque Abdulla (Nabab). Investigation culminated in the submission of the charge-sheet under Section 498A and 306 I.P.C. against all the accused including the present appellants.