- (1.) THIS appeal is directed against the judgement and order of conviction dated 7th September, 2006 passed by the learned sessions Judge, Cooch Behar in sessions trial No. 8 (2) 05 arising out of sessions case No. 67/04 by which the appellant was convicted for the offences punishable under Sections 302/498a of IPC. By an order dated 8th September, 2006, the appellant was sentenced to suffer imprisonment for life as also to pay fine of Rs. 2,000/-, in default to suffer further simple imprisonment for a period of six months for the offence punishable under Section 302 of IPC. No separate sentence for the offence punishable under Section 498a of IPC was awarded by the learned Lower Court. The parents of the appellant namely Tachiruddin Mia @ Tozir Mia and jamila Bibi were also tried in this case for the offence punishable under Section 498a of IPC but the Trial Court finding no tangible evidence against them to his satisfaction had however, acquitted them of the offence under Section 498a of ipc charged against them.
(2.) PROSECUTION version in a nut shell is as follows :- Sometime in the middle part of the year of 2001, the deceased Nachima bibi was given in marriage to the appellant according to Muslim Rites. After marriage, the deceased went to her marital home at Village Shibnathpur and started living there with her husband. Sometimes after marriage, the deceased was subjected to physical and mental torture by her husband and parents- in-law coupled with demand for a sum of Rs. 5,000/ -. The deceased become pregnant in the mean time. Getting information about torture upon the deceased coupled with demand for sum of Rs. 5,000/-, the mother of the deceased namely machiran Bibi had been to the marital house of the deceased and managed to bring her at parental house at Tangomari Village with an assurance to send her back after a month along with the quantum of demanded amount. The age of pregnancy of the victim at that time was about 8 months. On 31. 12. 2002 at about 6 p. m. , the appellant came to the parental house of the deceased and demanded money from the deceased. The deceased expressed inability of her father to meet the demand. The appellant all on a sudden brought out one knife from his waist and gave a stab on the chest of the deceased and in consequence thereof the deceased became unconscious and fell down on the ground with a bleeding from her wound. A hue and cry was raised. The appellant escaped from the place of occurrence leaving the knife. As the condition of the deceased was serious, she was taken to M. J. N Hospital, Cooch behar, Sadar immediately where the attending Doctor after examining the deceased declared her to be brought dead.
(3.) MACHIRAN Bibi, mother of the deceased, (P. W. 1) on 1. 1. 2003 at about 08. 30 hours went to Kotwali P. S. , Cooch Behar, Sadar and lodged written complaint (Ext. 5 ). At Police Station, Kotawali on the basis of the Machiran Bibi's F. I. R. , a case under Sections 498a/304 of IPC was registered against the appellant and his parents. After registering the case, the Investigating Agency took up investigation. Inquest and post-mortem examination were accordingly held on the dead body of the deceased. In the usual course, after completion of investigation, charge-sheet under Sections 302/498a of IPC was submitted against the appellant and his parents. The case was committed to the Court of sessions. In the Court of sessions, charges under Sections 302/498a of IPC against the appellant and charge under Section 498a of IPC against the parents of the appellant were framed. The appellant and his parents pleaded not guilty to the charge framed against them and claimed to be tried.;