Rajesh Kumar, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) This appeal is directed against the judgment of conviction and order of sentence dated 02.06.2006 passed by Sri Binay Kumar Sahay, Addl. Sessions Judge-I, Rajmahal in Sessions Case No. 106 of 96 and Sessions Trial No. 156 of 2002 whereby and whereunder the appellant has been convicted for the offence under Sections 323 and 498A of the Indian Penal Code and has been sentenced to undergo R.I. for one year for the offence under Section 498A of the Indian Penal Code and further has been sentenced to undergo R.I. for six months for the offence under Section 323 of the Indian Penal Code. Both the sentences shall run concurrently.
(3.) A complaint case being has been filed by the victim lady namely Bibi Firoja (P.W.-5),wife of the appellant, on 16.11.1993 under Sections 406, 498A, 307 and 323 of the Indian Penal Code, which has been sent for registration of FIR and finally FIR has been registered under Sections 498A, 307 and 323 of the Indian Penal Code. Prosecution story as disclosed in the complaint petition is that the complainant namely Bibi Firoja was married to the appellant in the year 1977 as per Muslim rites and rituals. Their matrimonial relationship was good and after two years they have been blessed with a son, but he could not survive. Subsequently in the years 1982, they have been again blessed with a son namely Ayub Ansari. Gift has been given during the marriage by the father of the complainant. Thereafter a maintenance case has been filed, which was compromised. Thereafter, the appellant got job in Madarsa where he kept a lady. Subsequently he married with Bibi Golesur, daughter of Haji Sultan in the year 1985. Out of this wedlock, a daughter was born. Subsequently, the appellant married to another lady namely Salma Bibi of Nalhatti (West Bengal). Out of this wedlock, one son and two daughters were born. Due to multiple marriages, relation amongst his wives were not cordial and as such, the complainant was residing in the house of her father. Getting the situation worst, she has filed a complaint petition as the accused was also residing in his in-law's house. There was a demand of dowry and torture. It is also alleged that on 12.11.1993 at 6.30 P.M., the complainant and her son aged about 11 years have been manhandled and kerosene oil has been poured upon her. On raising alarm, neighbours and her family members have assembled and saved her. Thereafter the appellant fled away. ;