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2023 Supreme(Cal) 1087

SHAMPA DUTT (PAUL)
Jamaluddin Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Apalak Basu.
For the State : Mr. Saibal Bapuli, Mr. Bibaswan Bhattacharya.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred against the Judgment and Order dated 20.12.2014 passed by the learned Sessions Judge, Dakshin Dinajpur at Balurghat convicting the appellant under Sections 498A/306 of the I.P.C and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.5,000/- in default to suffer rigorous imprisonment for three months more for the offence u/s 306 of I.P.C and to suffer rigorous imprisonment for a period of six months and to pay fine of Rs.2,000/- only in default to suffer rigorous imprisonment of one month more for offence under Section 498A of I.P.C in connection with Sessions Case No.322 of 2011/Sessions Trial No.6 of 2012.

2. PROSECUTION CASE :-

    (a) The prosecution case, in brief, is that on 09.07.2008, Nazima Bibi (the victim), the sister of the informant got married with the appellant as per Muslim Shariyat and the marriage was registered. Soon after marriage, Nazima Bibi was subjected to torture by the appellant and his parents over demand of additional dowry. For nonfulfillment of the demand, the degree of torture upon Nazima increased. Nazima came to the residence of the informant on one occ

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