SATIKANTA GUHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE three applications arise out of a Sessions Trial in the Court of the 11th Additional Sessions Judge at Alipore, 24-Parganas were several charges have been framed against the petitioners by the learned Judge after hearing the parties under section 228 of the Code of the Criminal procedure, 1973. The petitioners have come up to this Court for quashing the proceedings under section 482 of the new Code.

(2.) BRIEFLY stated, the prosecution case is that one Surupa Guha was married to the accused Indranath Guha in 1966. After about a year of the marriage, there had been continued ill treatment towards Surupa from her husband Indranath, her father-in-law Satikanta Guha and her mother-in-law Pritilata Guha and such ill treatment at times became unbearable to her. On 4. 5. 76 at about 10 or 10-15 a. m. Surupa came back home at 10, Hindustan Road, Calcutta from the Science College Laboratory where she used to go for her research work. Thereafter she was given some food viz. cucumber and lassie by the servant of her house Jaunt the accused. She took the food and subsequently she started vomiting and became seriously unwell. At about 11 a. m. the family physician came and as the condition of the patient was precarious, he advised for her immediate hospitalization. At about 11-30 a. m. the patient was admitted to the S. S. K. M. Hospital previously known as P. G. Hospital. The patient was at once taken charge of and her treatment started. Before the doctors she stated at their request that she did not take any poison but took only cucumber and lassie. At about 1 p. m. Ramendra Mohan Mukherjee, the father of Surupa got a telephonic message that his daughter had become very sick and had been removed to the hospital. Parents and relatives of Surupa came to the hospital. Parents-in-law of Surupa, Indranath, Jaunt and others also came. Satikanta produced one bottle of Horlicks at the hospital and wanted to get it examined at the hospital. Indranath visited the Science College Laboratory for ascertaining if poison was there and got information that mercuric chloride solution was there. He also took the bed sheets and the wearing apparels of Surupa from the hospital to his house. Those clothing contained the matters vomited by Surupa. At night Indranath informed the Ballgame Police Station that his wife, as he apprehended, might have by mistake taken some deleterious substance at the Science College or at home. The patient however died at the hospital on 4. 5. 77 at about 11-30 P. M. The death certificate granted by the hospital showed that Surupa' s death was due to cardio respiratory failure due to unknown poisoning. Next morning Ramendra Mohan Mukherji, the father of the deceased lodged a written complaint with Officer-in-Charge of the Ballygunge Police Station for investigation into the case as he felt, considering the bad attitude of the mother-in-law and husband of Surupa, that "some kind of poison was mixed either in the cucumber or in the lassie" offered to his daughter. The police after investigation submitted charge sheet against the accused-petitioners and one Ramendra Nath Lahiri under sections 120b, 328, 302 and 201 I. P. Code. The Sub-divisional Judicial Magistrate, Alipore committed the said accused persons to the Court of Session under section 209 of the new Code of Criminal Procedure for trial. The case was transferred to the learned 11th Additional Sessions Judge, Alipore for disposal. The learned Additional Sessions Judge on consideration of the materials on record found no sufficient ground for proceeding against Ramendra Nath Lahiri and discharged him under section 227 of the Cr. P. Code.

(3.) THE learned Judge, however, found sufficient materials to frame charges against the petitioners presuming that they had committed offences tribal by the Court of Sessions as indicated below : against Satikanta Guha, Pritilata Guha and Indranath Guha there are 3 heads of charges- (1) Under sec. 120b. I. P. Code on the allegation that they between february 1976 and 4th May 1976 at 10 Hindustan Road and Ram krishna Mission Guest House, Gopal park and elsewhere agreed to commit offences, to wit, the murder of Surupa Guha, causing evidence of murder to disappear and giving false information with the intention of screening themselves from legal punishment. (2) Under sec. 302 read with sec. 109, I. P. Code on the allegation that in pursuance of the conspiracy as stated in the 1st charge they abetted Jaunt Charan Dutta in causing the death of Surupa Guha on 4. 5. 76. (3) Under sec. 201 I. P. C. on the allegation that in pursuance of the conspiracy as stated in the 1st charge, they on 4. 5. 76 knowing or having reason to believe that an offence had been committed in respect of Surupa Guha, caused evidence of the commission of the offence to disappear with the intention of screening the offenders including themselves from legal punishment or with the said intention gave false information respecting the offence which they know or believe to be false. Jhantu Charan Dutta was charged as follows : (1) Under sec. 120b I. P. C. in the same language as appears in charge no. 1 against the other 3 petitioners. (2) Under sec, 302 I. P. C. for causing intentionally or knowingly the death of Surupa by administering poison or causing the same to be administered pursuant to the conspiracy mentioned in the 1st charge. (3) Under sec. 201 I. P. C. in the same language of the charge as was framed against other petitioners.