LIYAKAT ALI SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeals are directed against the judgment and order dated 7th October, 2015 passed by the learned Additional Sessions Judge, Contai, Purba Medinipur in Sessions Case No.458/August/2008 [Sessions Trial No.03/December/2008] convicting the appellants namely, Mukim Beg, Liyakat Ali Saha @ Dabla and Nazrul Khan for commission of offence punishable under Section 302 IPC and sentencing them to suffer rigorous imprisonment for life each and to pay fine of Rs.5,000/- each, in default, to suffer simple imprisonment for six months more.

(2.) The prosecution case as alleged against the appellants is to the effect that the victim, Asema Bibi was married to Mukim Beg. The marriage had taken place fourteen years prior to the incident. Four children were born from the marriage. After the marriage Mukim used to torture his wife. On 25th May, 2007 at 6:00 A.M. Mannu Mallick (PW1), father of the victim was informed that his daughter had died. He went to her matrimonial home and found the body of his daughter lying in the varendah with marks of injury. He suspected that Mukim along with the other inlaws namely, Muslim Beg and Lokman Beg had committed the murder of his daughter. In the course of investigation, police interrogated Rupsana Bibi (PW2), who disclosed that she had seen the incident and had noticed appellants Liyakat Ali Saha @ Dabla and Nazrul Khan fleeing away from the spot. Subsequently, Mukim was arrested and he made an extra-judicial confession before the villagers not only implicating himself but also the other appellants. Charge-sheet was filed in the instant case and the case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Contai, Purba Medinipur for trial and disposal.

(3.) Charges were framed against the appellants and co-accused Lokman Beg, brother-in-law of the victim under Sections 498A/302/34 of the Indian Penal Code. The appellants and co-accused Lokman Beg pleaded not guilty and claimed to be tried.