SAJAHAN SK Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-7-124
HIGH COURT OF CALCUTTA
Decided on July 22,2019

Sajahan Sk Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Manojit Mandal, J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 30.10.2014 and 31.10.2014 passed by the learned Additional Sessions Judge, Bolpur, Birbhum in Sessions Trial No. 06 (April) 2014 arising out of Sessions Case No. 115 of 2013 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand) only.
(2.) In order to appreciate the rival contentions advanced by the parties and issues involved, it is necessary to set out the facts of the case which give rise to the present criminal appeal:- Marriage was solemnized between deceased Manowara and appellant as per Muslim Customs about 3 years ago. Deceased Manowara died in the hospital on 01.06.2012 while under treatment for burn injuries which she had sustained on 23.05.2012. Appellant is the husband of the said deceased. Informant Anwar Sk (PW 1) and Saleha Biwi (PW 2) are the parents of the deceased. PW 3, PW 4, PW 7 and PW 8 are the neighbours of the appellant. PW 5 is Sk Alenur who scribed the written complaint. PW 6 is the medical officer of Bolpur Sub-Divisional Hospital who attended the deceased as indoor patient. PW 9 Maitreyee Ganguli is a member of West Bengal Executive Service who conducted inquest over the dead body of deceased Manowara Biwi and proved the inquest report (Exbt.2) into evidence. PW 10 is the Investigating Officer. PW 11 is the Medical Officer, Dr.Debasish Sarkar who conducted post mortem examination over the deadbody of the deceased. Dr. Krishna Kamal De has been examined in this case as C.W. No. 1.
(3.) The prosecution case is that appellant and others did not supply meal to the deceased and used to torture her physically. Appellant demanded a sum of Rs.5,000/-(Rupees Five Thousand) only for the purpose of constructing room. Deceased told PW 1 about such demand. The deceased used to complain regarding torture and cruelty meted out towards her by the appellant and others before her parents.;


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