ABDUS SALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgment and order dated 17th May, 2006 passed by the Ld. Additional Sessions Judge, Islampur, Uttar Dinajpur in Sessions Case No. 117 of 2002 (S.T. No. 45 of 2003) arising out of Chakulia Police Station Case No. 50 of 1999 under Section 314/34 of the Indian Penal Code (hereinafter referred to as IPC). The learned Trial Court by the said judgment and order dated 17th May, 2006 was pleased to acquit the accused persons from the charges framed against them.

(2.) The prosecution case in brief is that one Abdus Salam, father of the victim Arshadi Begam lodged a complaint to the effect that the victim was married to one Golam Haider of Village Bagdogra as per Muslim Rites and Customs and the said marriage was solemnized few months before the incident. Prior to her marriage, one Sajim Akhtar allured the victim for marrying him, but the victim refused Sajim and married the aforesaid Golam Haider. After the victim became pregnant, the accused Sajim Akhtar administered poison under the disguise of medicine for abortion through Hasina Khatun, who used to work in the paternal house of the victim. The victim innocently consumed the poison and instantly died.

(3.) On receipt of the letter of complaint submitted by Abdus Salam to the Officer-in-Charge, Chakulia Police Station, Chakulia Police Station Case No. 50 of 1999 was registered for investigation. The Investigation Officer (IO) after collection of evidence particularly the inquest report, the post mortem report, a letter written in Urdu and the statement of different witnesses submitted chargesheet against the two accused persons namely, Hasina Khatun and Sajim Akhtar alias Manna under Section 314 of the IPC. The case was thereafter committed to the Court of Sessions and on being placed before the learned Additional Sessions Judge, Islampur, Uttar Dinajpur, charges were framed after compliance of the provisions of Section 207 of the Code of Criminal Procedure (CrPC). The charge was thereafter read over to the accused persons who pleaded not guilty and claimed to be tried.