PRAFULLA C.PANT,J. - (1.) These appeals are directed against judgment and order dated 16.02.2006, passed by the High Court at Calcutta in Death Reference No. 4 of 2005 and Criminal Appeal No. 599 of 2005 whereby the Death Reference was rejected, and the appeal of the convicts was allowed, their conviction and sentence recorded by the Additional Sessions Judge, Fast Track (1st Court), Contai, against accused respondents in Sessions Case No. LV/March/2004 in respect of offence punishable under Section 302 of Indian Penal Code (IPC) was set aside, and they were acquitted of the charge.
(2.) Before the incident in question, the hapless woman (deceased in the present case) had complained that she was raped by accused-respondent Purnendu Kumar Patra on 28.04.1997. She complained the matter to Panchayat, and when no action was taken, on 26.09.1997 she lodged a First Information Report against the aforesaid accused person, and a case in respect of offence punishable under Section 376 IPC was registered against him. The victim got her statement recorded under Section 164 of Code of Criminal Procedure before the Judicial Magistrate, Third Court, Contai.
(3.) In order to teach lesson to the victim, in the intervening night of 26.09.1998 and 27.09.1998, two persons including the aforesaid accused Purnendu Kumar Patra knocked her door and when she came out, acid was thrown at her. She cried for help. Her husband was moron who was of little help. She had two little kids in the house. The neighbours, who rushed to the spot, stated to have taken the victim first to the police station and thereafter took the deceased to Sub Divisional Hospital, Contai, where she was admitted for the treatment. No written complaint appears to have been given to the police at that point of time. At the time of her admission in the hospital, she said to have disclosed to the attending doctor PW-6 B. Debroy the names of the two accused, namely Purnendu Kumar Patra and Rabin Jana as the two persons who came to her house. It appears that no one from the hospital bothered to inform to the police about the incident. Since there was no relative of hers in the hospital, on 31.10.1998 she requested PW-7 Joyram Jana (who used to live nearby Contai Sub Divisional Hospital and happened to have come to the hospital to see some other patient), to write her complaint and send the same to the police by registered post. English translation of her written complaint (original in Bangla), which is Exh. 4, is reproduced below: - "To The O/c, Contai P.S. District: Midnapore. Sir, This is my humble submission that I, Smt. Saraswati Guchhait W/o Sri Niranjan Guchhait, am resident of Karalda Nimakbarh, P.S. Kanthi (Contai), Dist. Midnapore. On 27.10.1998 (English equivalent) when I was injured with acid, hurled at me by under mentioned two miscreants, I went to your Police Station and thereafter as instructed at the Police Station I am now admitted to bed no. 33 (female) at Kanthi Sub-Divisional Hospital. My husband is mentally a very nitwit person, in a sense almost mentally handicapped. The miscreant no. 1 had raped me, and the case no. G.R. 756/97 against him is pending. As these two persons are very terrorizing in nature, due to fear, none of my relatives and neighbours are ready to go to the police station. On Thursday, 29.10.1998 (English equivalent) at 7.00 p.m. the under mentioned two miscreants brought another person unknown to me to my bed (in the hospital), got identified me to him. They said which I heard - 'we are talking about this Maal (slang). Can you do it?' Then those three persons immediately went out of the room. Now, I am much frightened, these persons may cause me harm at any time. As I am bed ridden, I could not inform the police station about this. As I am illiterate, I requested a person to write this complaint and send it to you through registered post (sic.) According to my request he wrote this, read it to me and made me put down my L.T.I. God knows whether this complaint would reach you or not. If you receive this statement, then for God's sake, kindly take at least some steps against these miscreants so that life of a helpless woman could be saved from these terrible miscreants and great justice done to me. It is humbly submitted. Dated: 31.10.1998 THE NAMES OF THE MISCREANTS Purnendu Kumar Patra s/o Late Bankim Chandra Patra of P.O. Karalda, Nimakbarh, P.S. Kanthi. District: Midnapore Rabin Jana s/o Sri Satyananda Jana of Karalda Nich, P.O. Karalda Nimakbarh, P.S. Kanthi, District: Midnapore. I read out the entire description to the applicant and made her understand Yours humbly seeking favour L.T.I. of Smt. Saraswati Guchhait by pen of Sri Joyram Jana Sd/- Sri Joyram Jana";