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BIBEK CHAUDHURI
Sk. Saibul – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Bibek Chaudhuri, J. - The judgment and order of conviction and sentence passed by the Learned additional Sessions Judge, Fast Track Court, Haldia in Sessions Trial No. 67/2014 arising out of Sessions Case No. 388/august/2014 convicting the appellants under Section 498a of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years each with fine and default clause is assailed in the instant appeal.
One Syed Rashid ali lodged a written complaint before the Officer-in-Charge, Nandigram Police Station on 21st September, 2012 stating, inter alia, that marriage of his daughter, Samina Begum was held with one, Sk. Saibul according to Mohammedan rites and ceremonies. after marriage the husband of Samina and other matrimonial relations, viz., her mother-in-law, brothers-in-law and sister-in-law used to torture her very often both physically and mentally. In her wedlock, she gave birth to two daughters. During the month of September, 2012, she was pregnant and due to give birth to another issue. after the birth of their two children the husband and other matrimonial relations started to put pressure upon the de facto complainant to bring money from her f
The central legal point established in the judgment is the requirement for reliable and cogent evidence to establish the offence under Section 498a of the Indian Penal Code. The court emphasized the ....
Conviction set aside - Cruelty and Dowry Death - Prosecution failed to prove cause of death of deceased because report of autopsy surgeon shows that she was not in a position to give his final opinio....
The evidence of interested witnesses can be relied upon if found trustworthy and credible, and minor discrepancies in the evidence should not affect its core credibility.
In cases of dowry death, where the deceased was subjected to cruelty by her husband and father-in-law for non-fulfillment of their demand for money, and where she was also tortured and harassed soon ....
The main legal point established in the judgment is the reliance on uncontradicted evidence of witnesses to establish the demand of dowry, cruelty, and the circumstances leading to the victim's suici....
Criminal Trial - Offence of Demand of Dowry and Murder - Conviction set aside - case of cruelty on demand of dowry and dowry death, close relatives of deceased are best and natural witness because in....
Conviction under Section 498A of IPC requires clear evidence of physical or mental cruelty, which was not established in this case.
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