DIPAK CHANDRA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Instant Appeal under sec. 374 (2) of the Code of Criminal Procedure has been directed against the Judgment and Order dtd. 26/9/2001 and 27/9/2001 respectively passed by Learned Sessions Judge, Jalpaiguri in Sessions Case No. 94 of 2001 whereby the appellant has been convicted for the offence punishable under sec. 306 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000.00 in default to suffer rigorous imprisonment for a further period of two years. The fine if paid is to be handed over to Smt. Lili Dutta, the bereaved wife of the deceased.

(2.) The gist of prosecution case is that Lili Dutta, the wife of the deceased lodged a written complaint on 20/12/1999 addressed to O.C Maynaguri Police Station, District- Jalpaiguri informing that her husband Dilip Kumar Dutta committed suicide in their house on the night of 18/12/1999 and left behind four suicide notes. In one of the suicide notes he wrote that that Dipak Chandra Roy of Uttar Marichbari was responsible for his death. In the other notes it is written that his wife, two sons and his mother were not responsible for his death and in another suicide note addressed to the D.I, of school it was stated that he had been cheated by Dipak Chandra Roy, the committee member who should be punished. On the basis of the written complaint Maynaguri Police Station Case No. 158 of 1999 dtd. 20/12/1999 was registered under sec. 306 of IPC. Police investigated into the case and submitted charge sheet against the accused person under sec. 306 of IPC.

(3.) Dilip Kumar Dutta, the deceased, was the Head Master of a primary school at Barnes Char. Rs.2,00,000.00was sanctioned by the Government for extension of school building. A committee was constituted to supervise and execute the construction work of the school building. The committee comprised of Bisakha Kabiraj as chairperson, Dilip Kumar Dutta, the Head Master as Secretary and Dipak Chandra Roy the accused as member of village Education Committee of Barnes State Primary School. Some wood was purchased from Lataguri for the construction work and the accused person was entrusted for the purchase of wood. The accused procured inferior quality wood by receiving commission from the seller. There was a dissatisfaction amongst villagers regarding purchase of inferior quality wood. The accused instigated the villagers against the Head Master who was insulted by the villagers at the instance of the accused. On being confronted by Dilip Kumar Dutta the accused insulted him by calling him a cheat, a liar and a thief. Due to such indignation heaped upon the Head Master by Dipak Chandra Roy he was driven to commit suicide at his house in the night between 18/12/1999 and 19/12/1999 leaving four suicide notes in which he made Dipak Chandra Roy responsible for his death.