IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS,
2nd COURT, BERHAMPORE, MURSHIDABAD.
Present : Sri Nilanjan Maulik, WBJS (JO Code-WB 01160)
G.R. Case No. 3886/23.
T.R. No. 1559/24.
C.I.S. No. - 3886/23.
CNR No. WBMD04-008619-2023.
Arising out of Sagarpara P.S. Case No. 252/23, dated 21.08.2023.
The State of West Bengal
Vs
1. Mijanur Rahaman @ Mondal, 2. Musrifa Khatun @ Musarifa Bibi, 3. Chamatkar
Mondal, 4. Minuyara Bibi @ Minuwara Bibi and 5. Murselim Mondal.
............ Accused Persons.
Judgment Delivered On : 16.07.2024.
JUDGMENT
The prosecution case, in a nutshell, is that on 25.11.2020, the complainant,
Khadija Khatun Bibi got married to Murselim Mondal, as per Muslim rites and customs. At the
time of marriage, the paternal family of the complainant gave the bridegroom cash money to the
tune of Rs. 1,00,000/-, gold ornaments and other valuable as per their demands. After marriage,
she went to her matrimonial house and led conjugal life with him and gave birth to a male son,
out of her wedlock. But soon after marriage, she was subjected to torture both physically and
mentally by the above named accused persons, on demand of further dowry. On non fulfillment
of their demand of dowry, the accused persons on 20.06.2023, assaulted the complainant
mercilessly and tried to kill her by suffocation. Hearing the news, the parents of the complainant
went there to see her daughter but the accused drove the complainant out of her matrimonial
house. Thereafter, the complainant filed this case against the accused persons.
After getting the complaint, Ld. C.J.M., Berhampore, was pleased to treat the
complaint as a complaint under Section 156(3) Cr.P.C. and also pleased to give direction upon
the O/C of Sagarapara P.S to treat the same as a complaint and as such O/C of Sagarapara P.S.,
in compliance with the order of Ld. C.J.M., Berhampore, drew the formal F.I.R vide Sagarapara
P.S. F.I.R. No. 252/23, dated 21.08.2023 and directed to cause investigation and on completion
of investigation, the concerned I.O. submitted charge-sheet against the above named
accused persons under Section 498A of the Indian Penal Code and Section 4 of D.P Act, vide
Sagarapara P.S Charge sheet no. 241/23, dated 31.08.2023. Hence this case.
The accused persons were enlarged on bail by the Court of law and the case was
transferred to this Court for disposal. Thereafter charge was framed and evidence was
adduced. On closure of prosecution evidence, the accused persons have been examined u/s 313
of Cr.P.C. wherein they pleaded their innocence throughout and preferred not to adduce any
defence witnesses.
CHARGE
At the commencement of trial, the substance of accusations u/s 498A of the
Indian Penal Code and Section 4 of D.P Act, was read over and explained to the accused
persons in Bengali language to which they pleaded not guilty and claimed to be tried.
Page 1 of 2.
Prosecution adduced only one witness.
WITNESSES EXAMINED
P.W. 1: Khadija Khatun Bibi…..………….De-facto complainant/victim.
EXHIBIT MARKED
Signature of the complainant is marked as Exhibit-1.
POINTS FOR DETERMIANTION
1. Whether the accused persons have committed the offence as alleged against them?
2. Whether the prosecution has been able to prove its case beyond all shadows of reasonable
doubts?
DECISION WITH REASONS
Both the points have been taken up together for sake of brevity and undue prolixity and
repetition. From the testimony of P.W.1 being the de facto complainant/victim of this case, it
appears that she has identified the accused persons on dock and categorically stated that there
was a matrimonial dispute with the accused persons and out of misunderstanding, she had filed
the instant case against them. As of now, she is no longer interested to continue with this case as
the matter has already been amicably settled between them out of the Court voluntarily. She
further stated that at present she is residing at her matrimonial house with the accused and she
has no allegation against the accused persons and has no objection if the accused are acquitted
from this case. Prosecution did not declare the witness as hostile nor pressed for examination of
any other witness.
So inconsistencies and infirmities like, non corroboration, divergence from the
written complaint, non proving the contents of the complaint, non-adducing the evidence of I.O.
and any other independent witnesses, it cannot be taken into sacrosanct that the prosecution has
been able to prove the the prosecution case beyond all shadow of reasonable doubts and for that
the same cannot be taken into sacrosanct to form the basis of conviction in a criminal trial and
for which the accused persons are liable to be adjudged as acquitted.
Hence, it is
ORDERED
that the accused persons namely, Mijanur Rahaman @ Mondal, Musrifa Khatun
@ Musarifa Bibi, Chamatkar Mondal, Minuyara Bibi @ Minuwara Bibi and Murselim
Mondal are hereby adjudged as acquitted under section 248(1) of the Code of Criminal
Procedure from the accusations under Section 498A of the Indian Penal Code and
Section 4 of D.P Act.
They are released from their respective bail bonds and the sureties concerned are also
discharged accordingly as per provision of the Code of Criminal Procedure.
Seized alamat, if any, be disposed of in accordance with law after appeal period, if
preferred.
Dictated and corrected
by me
(Nilanjan Maulik) (Nilanjan Maulik)
nd
Judicial Magistrate 2 Court Judicial Magistrate 2nd Court
Berhampore, Murshidabad Berhampore, Murshidabad
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