SAMAPTI CHATTERJEE,MANOJIT MANDAL,J. - (1.) This Criminal Appeal arises out of judgement and order of conviction passed by the learned Additional District and Sessions Judge, Fast Track Court, Serampore against three accused persons namely (1) Biswanath Das, (2) Tapan Das and (3) Basanti Devi under Sections 498A/304/B of the Indian Penal Code.
(2.) The case of the petitioner in a nutshell is as follows :- On 03.04.1998 de facto complainant Pradip Kumar Seal at Dankuni P.S. lodged an F.I.R that the younger sister of the de facto complainant Bula got married to accused Biswanath Das of 1 no, Behala Para Lane, Calcutta-35, at present residing at Manoharpur Raypara, P.S. Dankuni District Hooghly on 3rd March, 1997. After marriage the victim Bula went to her matrimonial home to reside with her husband and other inmates. A cash of rupees twenty thousand, one steel almirah one gold chain for the bridegroom, one gold ring wristwatch and ornaments for the bride and other gifts were gifted in the marriage of Bula. It is very much unfortunate that after lapse of 1/2 months from the date of marriage the husband, brother-in-law and mother-in-law started torturing upon the victim demanding money and various gifts. Bula explained about the torture when she used to come to her father's house. The de facto complainant also stated that he along with his brother-in- laws went to the house of Bula and asked about the occurrence from her inmates of matrimonial house and they prayed apology to them. But torture upon Bula was increased day by day. Ultimately on 02.04.1998 at about 9 a.m. the de facto complainant and others got an information to the effect that Bula expired and her dead body was lying at Dankuni Police Station. Hearing this they rushed to the Dankuni P.S. and came to learn that Bula committed suicide on 01.04.1998 by hanging herself. The dead body of Bula was sent to Serampore Hospital for the purpose of post mortem examination. On receipt of this complaint from the de facto complainant S.I. Banamali Mondal of Dankuni P.S started Dankuni Police Station Case No.41 dated 03.04.1998. Accordingly investigation started and after completion of investigation charge-sheet under Sections 498A and 304B of the Indian Penal Code framed against the above named three accused persons. Accordingly trial started and after completion of trial Learned Judge convicted these three appellants.
(3.) Mr. De learned Advocate appearing for the appellants submitted that the incident occurred on 1st April 1998 and the brother of the deceased lodged FIR on 3rd April, 1998. Inquest done on 3rd April, 1998 at 2 p.m. P.W.1 is the Pradhan of Manoharpur Gram Panchayat. He in his deposition stated that Basanti Devi informed him through her family members that her daughter-in-law committed suicide by hanging herself. In cross-examination P.W.1 submitted that neither Basanti Devi nor any other of her relative informed him regarding any torture or maltreatment upon her. P.W.2 is the seizure list witness. He is also a hearsay witness. P.W.3 the brother of the deceased stated that at the time of marriage his sister Bula Sil they gifted cash of rupees twenty thousand, one steel almirah cot with beddings gold ornaments to the bride groom and bride and other gifts also. After marriage his sister went to her matrimonial home at 1/ Behala Para Lane, Kolkata-700 035 and started residing over there. Thereafter her brother-in-law shifted their residence to Anukul Roy Para, Dankuni. Two months after the date of marriage Biswanath, Tapan and Basanti Devi inflicting torture upon his sister Bula both mentally and physically on demand of more money and articles. His sister repeatedly reported regarding torture upon her to them. He also deposed that time to time they handed over the money to their sister to meet up the demand of the accused persons but torture upon his sister was not reduced and he also deposed that his sister used to complain regarding torture inflicted upon her by the accused persons. The mental and physical torture was continued till her death. It was also deposed by the P.W.3 that after three months from the date of marriage one day Tapan Das, brother-in-law of his sister outraged her modesty. Ultimately she committed suicide on 1st April, 1998. Her death was unnatural one. On 2nd April, 1998 they got an information that their sister committed suicide by hanging herself. She committed suicide as she did not bear the torture upon her inflicted by her husband, brother-in-law and mother-in-law. He stated that his sister also reported about such torture upon her last time before them 2/3 days prior to her death. After having such information immediately they went to Dankuni P.S. and came to learn that their sister committed suicide by hanging and her deadbody was sent to Serampore Wallash hospital for post-mortem examination. An inquest of the deadbody of his sister was done there by a Magistrate in their presence. P.W.1 signed the said inquest report. He identified his signature also. On 3rd April, 1998 a written complaint was lodged and that was written by Jayanta Majumdar. He wrote the complaint as per instruction of P.W.1. Said Jayanta Majumder is his relative. It is also submitted by P.W.3 that since he was busy with the post- mortem of the deadbody of his sister so he lodged the complaint to the police station on 3rd April, 1998 and thus cause the delay for lodging the FIR. Two copies of photographs of his sister's marriage were also seized by the Police Officer under a proper seizure list. The witness identified Tapan the brother of the deceased' s husband and his mother Basanti Devi in Court premises. P.W.4 the mother of the deceased stated in her deposition that 2/3 days prior to committing suicide she came to their place. She also stated that she has not directly given any cash to her son-in-law. In her deposition she also stated that she cannot recollect the date when her daughter was tortured. P.W.5 is the sister of the deceased. In her cross-examination she stated that they came to Dankuni for settlement of the dispute cropped up between her sister and the accused persons. After the death of her sister she never visited Dankuni. She also deposed that her sister 3 /4 days prior to her death informed regarding torture inflicted upon her but she failed to recollect the date. P.W.6 is the brother-in-law and the husband of P.W.5. In his deposition stated that after marriage Bula went to her matrimonial home and started to reside with the accused persons but one or two months after her marriage the accused persons started misbehaving with her and also started torturing Bula mentally and physically on demand of more money and articles. P.W.6 heard it from his mother-in-law, brother-in- law and also from Bula. He also deposed in the same tune of the other P.Ws that Bula failed to bear the degree of torture inflicted upon her by her husband, mother-in-law and brother-in-law. Accordingly without finding any alternative on 1st April, 1998 she committed suicide by hanging herself. After gathering the news that Bula committed suicide on 2nd April, 1998 they rushed to the Dankuni and from there they went to Wallesh hospital. Learned Magistrate prepared the inquest report of the deadbody of Bula in their presence. He also signed the inquest report. P.W.7 is also the sister of Bula. She also stated in her deposition in the same tune as has been stated by other interested witnesses. She also stated that sometime she saw injury mark on the person of Bula and she came to know from her mother and also from her sister Bula about the torture inflicted upon her by the accused persons. She also deposed that sometime they tried their label best to settle the dispute but all in vain. Bula on 1st April, 1998 committed suicide by hanging herself. She committed suicide as she failed to bear the torture inflicted upon her by the accused persons. In cross-examination P.W.7 also stated that they gave dowry along with gold ornaments, cot with beddings steel Almirah, utensils and other gifts and cash at the time of their sister's marriage. P.W8 is the elder brother-in-law of deceased Bula Sil. He also stated that a sum of rupees twenty thousand was given as dowry at the time of marriage of Bula Sil along with gold ornaments for bride and bride grooms, utensils and other materials as per demand of the accused persons. P.W.9 is the doctor who was attached to Serampore Wallesh hospital. He stated in his deposition that deadbody was identified by Constable C/1273 Madan Mohan Dutta before them. He deposed that on examination an oblique non continuous legature mark high up in the neck with a gap of 1" below left ear. Perchmentisation of skin of neck with petechile haemorrages. Hyoid bone was intact. Uterus was enlarged and bulky and contents foetus of 16 weeks pregnancy. Stomach with its contents, portion of liver and one kidney were preserved in S.S for chemical examination. He stated that in their opinion the death was due to asphyxia due to hanging. P.W.10 also the autopsy surgeon. He stated in his deposition that after examination they opined that death was caused due to aphyxia. P.W.11 is the another autopsy surgeon who stated that he is the M.O Physician at present attached to Serampore Wallesh hospital. On 2nd April, 1998 he was attached to the same place and in the same capacity. On that day a board of doctors was formed consisting of him, Dr. Amalendu Mukherjee and Dr. K.K. Sarkar for holding post-mortem on the deadbody of Bula. Accordingly they held the post-mortem. P.W.12 is the Investigating Officer. In his cross-examination he stated that there is a note in his case diary that Ira Chatterjee and Tinkari Chatterjee were residing near the place of occurrence. Witness Manoj Majumdar is a resident of other Para and that is situated at a distance from the place of occurrence. P.W.13 is the second Investigating Officer. He stated in his deposition that he submitted charge-sheet against three accused persons namely Biswanath Das, Tapan Das both sons of late Rajani Das and Smt Basanti Devi wife of late Rajani Das under Sections 498A and 304B of the Indian Penal Code. He never visited the place of occurrence and never examined any witnesses in that case. P.W.14 is the 3rd Investigating Officer. He stated in his deposition that on 3rd April 1998 he received a written complaint from one Pradip Kumar Sil in respect of unnatural death of his sister. He identified the endorsement marked as Exbt.3/2. After receiving the written complaint he started Dankuni P.S. Case No.41 dated 3rd April, 1998 by filling up the formal F.I.R. Formal F.I.R is marked as Exbt.7. During the course of investigation he visited the place of occurrence and prepared rough sketch map with index of place of occurrence. He identified the rough sketch map with index marked as Exbt.8. He examined the available witnesses and recorded their statement under Section 161 of Cr.P.C. He visited the place of occurrence and found a deadbody of a woman hanging from the ceiling with the help of a Sari. Thereafter he in presence of the local Panchayat Pradhan got the deadbody brought down and thereafter he took the deadbody to the police station. From police station he sent the deadbody to Serampore Wallesh hospital for the purpose of post-mortem examination. The deadbody was sent through Constable No.1275 Madan Mohan Dutta. He identified the challan through which he sent the deadbody to Serampore hospital. During investigation he deposed that he seized a pink coloured used Sari from the house of Basanti Das under a proper seizure list and stated that the seizure list was written and signed by him also. That seizure list was prepared in presence of the witnesses. He identified the Sari seized from the place of occurrence. Accused Biswanath Das was examined under Section 313 Cr.P.C. Question No.7 and answer of it is quoted below :- "Question No.7: P.W.3 to 8 have stated that on 1.4.1998 Bula committed suicide by hanging being subjected to your torture. What's your reply in that score ? Answer : No torture was made. We were not present at home at the time of suicide committed by her." Accused Tapan Das and accused Basanti Devi were also examined under Section 313 Cr.P.C they answered in the same tune as has been answered by accused Biswanath Das.;