SAM JACOB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgement and order of conviction dated 11.07.1995 passed by the learned Additional District & Sessions Judge, 14th Court, South 24 Parganas at Alipore in Sessions Trial No.2(1)93 convicting the appellant under Section 498A/304B of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1000/-, in default to suffer rigorous imprisonment for three months more for the offence under Section 498A of the Indian Penal Code and to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for one year more for the offence under Section 304B of the Indian Penal Code, both the sentences to run concurrently.

(2.) The prosecution case against the appellant is to the effect that the victim Sultana being the daughter of Razia Hasmi, de facto complainant (PW 1) had a love affair with the appellant who happened to be the tenant of her mother. Their love affair was ill-fated from the beginning as the victim and the appellant belonged to different religion. However, in spite of objections from the respective families, the appellant proceeded to marry the victim under Special Marriage Act on 27th November, 1988. Two months after the marriage there were demands of dowry and it was alleged that the victim was subjected to torture on such score. It is further alleged that appellant and his mother demanded transfer of the flat in their name. Over such demands the victim was tied with a rope and given electric shock. Subsequently, the appellant left the tenanted premises and took a rented apartment in Kustia Road. The torture continued and finally on 02.10.1990 it is alleged the victim was set on fire by the appellant. A mentally weak brother of the victim, namely, Ruby, was residing with the couple at the time of the incident at Kustia road flat. She was rushed to Chittaranjan National Medical College & Hospital and subsequently to SSKM Hospital where she breathe her last on 4.10.1990. Razia Hasmi, the mother of the victim, had been to her native place at Guntur at that time. Upon receiving the information she rushed to Kolkata and lodged complaint with the police resulting in registration of Tiljala PS Case No.420 of 1990 dated 21.10.1990 under Section 498A/304B of the Indian Penal Code.

(3.) In the course of investigation statements of witnesses were recorded including that of PW 5 Sabana and PW 8 Ruby Hasmi, brother of the victim under Section 164 CrPC. Upon conclusion of investigation, charge sheet was filed under Section 498A/304B of the Indian Penal Code. The case was committed to the Court of Sessions and thereafter transferred to the Court of the Additional District & Sessions Judge, 14th Court, South 24 Parganas, Alipore for trial and disposal. Charges were framed under Section 498A/304B of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.