SUKHCHAND SK @ KAMRU ZAMAN & ORS Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-2-50
HIGH COURT OF CALCUTTA
Decided on February 19,2019

Sukhchand Sk @ Kamru Zaman And Ors Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order of conviction dated 20.12.2012 and 21.12.2012 passed by the learned Additional Sessions Judge, Fast Track Court, Rampurhat, Birbhum, in Sessions Trial No. II of May, 2011 arising out of Sessions Case No. 35 of 2011 convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life each, and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for 1½ years each.
(2.) The prosecution case as alleged against the appellants and one Lal Sk. is to the effect that victim Najema Khatun was married to the appellant no. 1, Sukhchand Sk. @ Kamruzamman as per muslim rites 12 years prior to the incident. Najema resided with her husband at the matrimonial home along with appellant no. 2, Fatik Sk. @ Sirajul and appellant no. 3, Moina Bibi, her parentsin-law and one Lal Sk., her brother-in-law. She was subjected to mental and physical torture as she was dark complexioned and insufficient monies had been given to her husband and in-laws. Few days prior to the incident, Sukhchand Sk. tried to kill her by setting her on fire. From wedlock three children viz. two daughters and one son were born to the couple. On 22.06.2009 at 7P.M., P.W 7, Motiur Rahaman, father of the victim, received information over telephone that Sukhchand murdered his daughter by pressing her throat on the provocation of his family members. Over this issue, P.W. 7 lodged written complaint at Rampurhat P.S being Rampurhat Police Station Case No. 101 of 2009 dated 23.06.2009 under Sections 498(A)/302/34 of the Indian Penal Code. In conclusion of investigation, charge-sheet was filed against the appellants and one Lal Sk. 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, Fast Track Court, Rampurhat, Birbhum, for trial and disposal.
(3.) Charges were framed under Sections 498(A)/302/34 of the Indian Penal Code against the appellants and one Lal Sk. They pleaded not guilty and claimed to be tried.;


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