Decided on April 09,2021

Khurshed Alam Appellant


Arindam Lodh,J. - (1.) Heard Mr. Raju Datta, learned counsel appearing for the appellant as well as Mr. Sumit Debnath, learned Additional Public Prosecutor appearing for the State-respondent.
(2.) This appeal has been preferred against the judgment and order of conviction and sentence dated 09.01.2020, passed in Case No. ST(Type-II) 07 of 2017 by the learned Sessions Judge, Sepahijala District, Sonamura whereby and where-under the appellant was convicted and sentenced to suffer R.I. for 2 (two) years along with a fine of Rs.5,000/- with default stipulation for the offence under Section 498A of the Indian Penal Code (for short, IPC) and further to suffer R.I. for 6(six) years along with a fine of Rs.10,000/- with default stipulation for the offence under Section 306 of IPC. Both the sentences were directed to run concurrently.
(3.) The facts of the prosecution case as projected by the learned trial Court may be reproduced here-in-below: 'The gist of the prosecution in short is that on 17.02.2016 one Ali Akbar, S/O Late Abdul Rahim of Amtali Bazar, P.S- Kakraban laid an Ejahar against Khurshed Alam, Hamid Miah, mother of Khurshed Alam and 2 other persons to the O/C Melaghar P.S alleging inter alia that about 10 years back the marriage ceremony of the daughter of the informant namely Aklima Begam was held with accused Khurshed Alam as per Muslim rites and customs. At the time of marriage, they fulfilled all the demands of bride groom side. After about 2 years of their marriage on several occasions the daughter of the complainant was subjected to mental and physical torture by the FIR named accused Khurshed Alam. It is further stated that on 17.02.2016 the informant could learnt that his daughter received burn injury and admitted at AGMC and GBP Hospital, Agartala in serious condition. It is further stated that all the FIR named accused persons set fire over the body of his daughter with intent to kill her. Hence, the informant laid the Ejahar.' ;

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