REAJUL MIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 08.10.2007 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Dinhata, Cooch Behar in Sessions Trial No. 2/April/2007:Sessions Case No. 84/2005, thereby convicting the appellant Riyajul Mia under Section 498A of the Penal Code and both the appellants Riyajul Mia and Sultan Mia under Section 302 read with Section 34 of the Penal Code and sentencing the convict Riyajul Mia to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1000/- for the offence under Section 498A of the Penal Code, in default to suffer rigorous imprisonment for three months and sentencing both the convicts Riyajul Mia and Sultan Mia to life imprisonment and to pay a fine of Rs. 10,000/- each, in default to suffer rigorous imprisonment for one year for the offence under Section 302 read with Section 34 of the Penal Code.

(2.) On 16.07.2003 at about 16.45 hours, PW 1, the maternal uncle of the victim/deceased Anowara Bibi lodged a First Information Report against the present appellants under Sections 498A and 302 read with Section 34 of the Penal Code. In the First Information Report, PW 1 alleged that about three years ago a marriage was registered between the victim and the appellant Riyajul Mia. After sometime, the said Riyajul Mia started torturing the victim both physically and mentally and demanded more dowry. Over this a village 'salishi' was held about a year ago. The victim came back to her parent's house. About ten days ago the said Riyajul Mia came to meet the victim and said that he would take her to his house. He also directed her to stay in the house of her maternal uncle PW 1 at Chhat Baromasia. Accordingly, the victim came to PW 1's house with her mother on 15.07.2003 at about 16.00 hours. At about 19.00 hours the appellants came to PW 1's house and had a meal. At about 19.30 hours the appellants went for their home with the victim. At about 20.00 hours, PW 1 went to the house of Riyajul Mia by another road to enquire whether the victim had arrived or not. After returning back from there, PW 1 found that his niece had fallen on a muddy road between Chhat Baromasia and Baromasia. She was groaning and a foam was coming out from her mouth. Her mouth was tied with her hair and there was a container of poison by her side. Seeing this, PW 1 started crying and people assembled. The victim's hands were found tied with her saree. Then the victim told that her husband fell her on the road and pressed her neck and the other appellant Sultan Mia poured poison into her mouth. The victim was taken to Sitalkuchi hospital and then to another hospital at Mathabhanga. But, she died on 16.07.2003 at the dawn.

(3.) The investigation commenced. PW 10, a Learned Executive Magistrate held an inquest over the deadbody on 16.07.2003 at about 11.00 hours in the presence of witnesses including PW 11. The deadbody was kept in a van rickshaw in front of the police station. Some foam came out of her mouth. There was a sign of injury of nail on her neck and blood stains on her forehead. PW 8, an autopsy surgeon, held post-mortem examination over the deadbody on 16.07.2003 at about 15.00 hours. According to him, it was probably a case of unknown poisoning. The final opinion was kept pending till obtaining a report from the analyst. After completion of investigation, a charge-sheet was submitted by the investigating agency. On 02.04.2007 charges were framed against the appellant Riyajul Mia under Section 498A of the Penal Code and against both the appellants under Section 302 read with Section 34 of the Penal Code.