RAJAB ALI ALIAS SK RAJAB ALI Vs. STATE OF WEST BENGAL
LAWS(CAL)-2010-2-81
HIGH COURT OF CALCUTTA
Decided on February 12,2010

RAJAB ALI ALIAS SK. RAJAB ALI Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) By filing this application under Section 401 read with Section 482 of the Code of Criminal Procedure the revisionist has sought to challenge an order dated 23-9-2008 passed by the learned Additional Chief Judicial Magistrate, Ghatal, Midnapore (W) in G.R. Case No. 3 of 2007 whereby the ld. Magistrate took cognizance of offences as alleged against accused persons for the second time on submission of charge-sheet Under Section 498-A/382/34/120-B, IPC against them pursuant to 'reinvestigation'.
(2.) Shorn of unnecessary details the background facts leading to filing of this revision may be summarized as under: FIR lodged by Enamul Haque Khan, the father of Mohabudan alias Moudam Bibi discloses that her marriage was solemnized with Sk. Jane Alam in accordance with the Muslim religious rites eight years back followed by payment of sufficient dowries including cash and gold ornaments. The wife was, however, subsequently subjected to brutal torture by her husband and in-laws both physical and mental for bringing further dowries from her parents. On her parents' failure to meet further dowry demands accused persons frequently tortured her. However, on payment of further dowry both in cash and kind there was an amicable settlement at the intervention of relations. Two sons were also born out of the said wedlock.
(3.) On 8-1-2007 at about 11 a.m. all the nine accused named in the FIR set her ablaze while she was asleep. In such a condition when she cried for help, para people rescued her and she was removed to a hospital at Chandrakona. Because of her precarious condition, she was shifted to Medinipur medical college where she succumbed to her burn injuries at about 2.30 a.m. mid-night. She, however, told her parents and other relations that her parents-in-laws and their three sons including her husband hatched conspiracy and set fire on her.;


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