- (1.) THIS appeal is directed against the judgment dated 19/9/2003 and sentence dated 20/9/2003 whereby and whereunder the learned Additional Sessions Judge, Fast Track Court No. 2, Barasat, North 24 Pgs. convicted the appellant under Section 498A and 304B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and also imposed a fine of Rs. 5,000/ -. In default, to suffer simple imprisonment for six months for the offence under Section 304B. He was further sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,000/ - and in default, to suffer simple imprisonment for two months for the offence under Section 498A of the Indian Penal Code.
(2.) THE short facts which gave rise to the instant case is that on 23/12/1995 at about 10:20 hours, one Mohd. Ohid Mirda made a written report before the Officer -in -Charge, Rajarhat Police Station stating inter -alia therein that in the morning of the same day i.e. at about 8 AM he had come to learn from villagers of Panapukur that his sister had died. He went to the place and found scars on many places on the body and saw her nose bleeding. There were no male members of the family but he found his nephew, a child of two years, sitting and weeping beside his deceased mother. The informant had further stated that four years ago, his sister Mosammat Firdousi had been married to the appellant. Since after the marriage, she was however tortured for dowry although bangles, chain, tikli, bed, almirah, dressing table, sofa -cum -bed and a sum of Rs. 15,000/ - in cash had been given as dowry. Subsequently a claim for an additional sum of Rs. 10,000/ - was made and that was also fulfilled but inspite thereof, his sister was beaten up and tortured. She had informed them but thinking that such quarrels often take place in a household, they thought that the matter will soon come to an end. The informant further stated that his sister's father -in -law, mother -in -law, brother -in -law and maternal uncle -in -law named Ghuta @ Khuda used to torture his sister in various ways claiming money frequently and they also used to beat her. Husband Sujjauddin Molla (Appellant) used to threaten her that if she could not bring money for them, then they would set her on fire.
(3.) AN Inquest was held over the dead -body and a report prepared. Inquest Report points out that the dead -body was lying on the verandah in the house of the in -laws. Some blood was oozing out of her mouth. A black deep spot on the throat and neck was found suggesting throttling by a cloth or 'gamchha'. Some oozing was also found from the private parts but no external injuries could be found over the body except the neck and the throat. Upon enquiry, the officer holding the Inquest came to learn that the deceased had been married to the appellant four years ago and as per custom, gold ornament, furniture, cash etc was given as dowry but even then, the husband and her in -laws continued to demand more and inflicted physical and mental torture upon her. In the night of 22/12/1995, the accused persons (in -laws) physically tortured and killed her by throttling her in her bedroom and then fled away from their residence after placing the body in the verandah. A post -mortem examination was held and the Autopsy Surgeon found multiple semi circular nail scratches on the right side and back of the neck and also found a continuous ligature mark on the upper part of the neck in the region of the thyroid cartilage with marks of irregular abrasion.;