Decided on April 28,2022

Malati Biswas Appellant


- (1.)Heard Mr. BN Majumder, learned senior counsel assisted by Mr. R. Saha, learned counsel, appearing for the appellant as well as I. Chakraborty, learned counsel, appearing for the respondents 2 and 3. Also, heard Mr. S. Debnath, learned Additional PP appearing on behalf of the respondent no. 1.
(2.)This appeal arises out of the judgment and order of acquittal dtd. 3/2/2021 passed by learned Sessions Judge, Gomati Judicial District, Udaipur in connection with Special case No. 20 of 2017.
(3.)The prosecution case, as projected by the learned Sessions Judge, is as under:
"That, Smt. Malati Biswas of South Chandrapur, Udaipur lodged a written complaint to the effect that after the marriage between her son Dipak Biswas and accused Smt. Aditi Kar on 23/7/2014, Aditi was residing in the family of the complainant and her husband Dipak was living at Imphal for the purpose of his service in a private sector. After marriage the complainant noticed some abnormality in the behaviour of Aditi such as passing stool in the bed room, throwing sewerage by the window, taking bath for long period of more than two hours, trying to commit suicide on several occasions and also trying to assault the parents-in-law on several occasions. The son of the complainant informed the matter to Milan Kar, father of Aditi, but he did not take any cognizance and told that due to change of place and environment there was some change in the behaviour of Aditi. Then husband of Aditi took her to a doctor for a change but the effort was in vain and she kept on behaving in such abnormal manner. Dipak also took her to Imphal and got her treated in Imphal Hospital and Research Centre, Manipur and the doctor prescribed her medicines but there was no change in her behaviour. On her return, she was taken to Dr. A.K.Nath, Psychiatrist at Agartala and as per his advice, Aditi was taken to NIMHANS, Bangalore and there the doctor opined that she is a patient of psychiatry and advised to attend the hospital again with her family members. On returning from Bangalore Dipak informed the matter to Milan Kar and showed the prescription to him. Then as per advice of Upa-Pradhan of the locality, Dipak went to his in-laws' house and requested them to take Aditi to Bangalore to which Milan Kar became furious and abused Dipak vehemently. On this issue a meeting was held wherein a committee was formed regarding treatment of Aditi. As Dipak wanted to treat his wife Aditi by a doctor as per advice of the committee, he approached Milan Kar to which Milan Kar told him he will give decision. Thereafter, on 29/1/2016 at about 10.30 a.m. Milan Kar came to the house of the informant and discussed about treatment of his daughter in presence of witnesses. On that day at 12 noon all on a sudden Aditi attacked the informant at her courtyard, pulled her down catching her hair and started assaulting her by fistblows. When the informant raised alarm, her son i.e. Dipak came for rescue. At that time Milan Kar also joined Aditi and started assaulting Dipak by first blows and he fell down on the ground. Milan Kar caught hold of the neck and throttled to kill Dipak. Both the informant and her son sustained injuries on their persons. They raised alarm and many people gathered and rescued the informant and her son. Accused Milan Kar fled away from the house of the informant. Thereafter, the informant and her son were taken to Hospital and after that, they lodged a complaint to R.K.Pur P/S on 29/1/2016 itself. Thereafter, Police went to their house and investigated the case.

It is further stated by the informant that in the month of August, 2016 the informant came to learn that Police filed a P/R against the accused persons under Sec. 107 of Cr.P.C. instead of filing charge sheet under Ss. 448/323/307/34 of IPC and for that delay had been caused in filing the complaint before the Court.".


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