LAWS(CAL)-1988-11-3

KAMRUL HUDA Vs. STATE

Decided On November 17, 1988
KAMRUL HUDA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant, Kamrul Huda has preferred the instant appeal against an Order of conviction passed by Shri P. K. Sengupta, Additional Sessions Judge, Islampore, Dist. West Dinajpur in Sessions Trial No. 1 of 1987 convicting him under Section 364 IPC and sentencing him to rigorous imprisonment for seven years along with a further conviction under Section 302 IPC sentencing him to imprisonment for life, both the sentence being directed to run concurrently.

(2.) The prosecution story as given out in the FIR lodged on September 7, 1979 at I P.M. gives out inter alia that Ramena Khatoon, aged about 16 years along with her younger sister Marzina Khatoon aged about 10 years proceeded towards the house of their relatives Abbas Ali of Lodhan an Tuesday, the 4th September, 1979 at noon. At about 2 P.M. when they reached beneath a mango tree in the northern side of Godarhat, the present accused along with another youngman came over there and forcibly caught hold of Ramena Khatoon and proceeded towards west when both the sisters raised a hue and cry. The younger of the two sisters went to the house of Abbas Ali and narrated the incident whereupon Abbas searched for the accused at his house and other places including Kishanganj but did not find her. The first informant, the father of Ramena, was informed about his daughter Ramena floating in the northern side of the bridge over the river Siriani. The dead body was identified to be that of his daughter Ramena. Her hands and legs were found tied up. They had a suspicion that the. accused Kamrul Huda must have murdered her and thrown her down in the river. The first informant further gave out that the accused Kamrul Huda wanted to marry her daughter Ramena Khatoon but his daughter did not agree. About a year before, she was given in marriage to one Rafique Sk. of Lodhan but Kamrul having threatened his son-in-law and asked him to sever all relations with Ramena, ultimately Rafique severed all his relations with Ramena for the last 6/7 months. Then Kamrul Huda wanted to marry his daughter Ramena but his daughter did not agree. It was under such circumstances that Kamrul kidnapped his daughter Ramena in order to murder her. Kamrul's father was not at all in favour of this marriage. He also thought that there was a collusion and complicity between Kamrul's father Aulad Ali and his brother-in-law Nakimuddin in this matter. The police registered a case under Section 364 and 302 I.P.C. against the present accused and on completion of investigation submitted a charge-sheet pursuant to which the appellant was put on Trial before the Learned Additional Sessions Judge which ultimately resulted in his conviction. The first informant Sk. Mataru, father of Ramena, the victim girl, died before the completion of Trial and could not be examined by the prosecution. The prosecution relied upon the testimony of the younger sister of the victim girl Ramena, PW 1., Marzina Khatoon, PW 3 Abbas Ali, a cousin of both the sisters who married PW 1 later on despite his existing marriage with PW 4 Koresha Bibi, PW 5 Monoranjan Sarkar, PW 6 Ezahar Ali and PW 7 Rafique Sk., the last three being all rickshaw pullers to prove the case of the present appellant allegedly kidnapping or abducting Ramena in order that she might be murdered and also on the factum that they were last seen together.

(3.) PW 1 who according to her father was merely a girl of 10 at the relevant time and who at the time of her examination was aged about 18, gave out a story which was not really credible enough to be believed as regards the complicity of the accused to take away Ramena against her will or by application of force. Her testimony was to the effect that on 18th Bhadra, which was a Tuesday at about 2 P.M. while she and her elder sister Ramena were going to the House of their Khalu (mother's sister's husband), they came across the present appellant Kamrul Huda at Godarhat. Godarhat is about 3 ? miles from their house. The present appellant caught Ramena by her hands at which she and her elder sister cried out. Another youngman came over the scene of occurrence from a nearby jute field and .he threatened Marzina with a knife and slapped her on her cheek. Kamrul then forcibly dragged away Ramena and asked Marzina to call his cousin Abbas. She then went to Biprit Chawk Hat covering the distance of three or four miles by foot wherefrom she took a rickshaw and went to Lodhan Chawk. At Lodhan she met her Khalu, Bhadu and gave Rs. 3 to him to purchase sweets as her Khalu (mother's sister) had given birth to a son but curiously she did not tell anything to Bhadu about Kamrul forcibly taking away her elder sister Ramena. She then went to the house of her cousin Abbas Ali at Lodhaa which is further two miles away from the house of her maternal aunt's husband. Her cousin Abbas, who later on became her husband, was not at the relevant time in his residence. On the arrival of Abbas, she gave out the incident to him but because of rains they could not make any search for Ramena in the neighbourhood of Biprit Chawk. She stayed for the whole night in the house of Abbas. In the morning of the following day she along with Abbas went out in search of Ramena and made searches for her at Kishanganj, Dharampur and other neighbouring areas. Abbas then advised her to inform her father Mataru, the first informant. Abbas returned home and she also returned to her father's place and narrated the entire incident to him. Her father Mataru, her uncle Chuman Ali along with herself came back to the house of Abbas and all of them searched for Ramena but did not get any trace of Ramena. When they were contemplating to go to the Police Station on Friday they heard of the dead body of a girl being found out under the bridge of the river Siriani. Going over to that place they identified the dead body to be that of their sister Ramena. PW 3 however, corroborated PW 1 about her giving out the story of Kamrul taking away Ramena. It was also given out to PW 3 by PW 1 that she had earlier been to the house of her maternal aunt's husband Bhadu without telling Bhadu anything about the occurrence at Gaderhat. PW 3 of course gives out that on the same evening he along with PW 1 went out in search of Ramena but could not get any trace of her and in the following morning they searched again and went to Biprit, Dharampur and Kishanganj in search of Ramena and he advised her to go back to her father and inform him. On Thursday that is 6th September PW 1 accompanied by Mataru and PW 2 Chumanali came to his house and all of them thereafter went out in search of Ramena at Kishanganj and thereafter at Islampore and they returned back to Lodhan and on Friday while they were contemplating to go to the Police Station, they were informed by the local people about the finding of a dead body of a young woman under the bridge over Siriani. It was thereafter that the FIR was lodged by Mataru the father of the victim girl.