BANERJEE,J. - (1.) ON 27th August, 1982 Dinendra Kumar Roy, P.W. 1 submitted a written complaint before Sri. S.K. Banerjee, P.W. 13 Sub Inspector of Police, then attached to Kotwali Police Station, Midnapore reporting the suicidal death of his married daughter, Saswati on 25th August accusing her husband Dipankar, mother -in -law Anuradha and sister -in -law Krishna of torturing her physically and mentally in Saswati's matrimonial home and giving provocation to her to commit suicide. The complaint was treated as the F.I.R. and the investigation was taken up by another Sub -Inspector of Police Sri B. Moitra P.W. 14 of the same Police Station after endorsement by the Officer -in -Charge. On the following date and on some subsequent dates, Sri Moitra P.W. 14 visited the respective holises of the appellant Dipankar and, the complain a in Dinendra at Sanghatbazar, Midnapore and Prembazar, Kharagpur, collected and seized certain documents including hospital records, the dying declaration of the deceased, the post -mortem report and examined witnesses,. The charge of investigation was made over to another Sub Inspector of Police Sri B.K. Mondal P.W. 15 who also examined some other witnesses and after completion of investigation submitted. charge -sheet on 30.11.1983 under section 306, I.P.C. against the three F.I.R named accused. Of the three accused facing the trial before the Learned Additional Sessions Judge, Midnapore, Anuradha and Krishna were acquitted, but Dipankar was convicted under section 306, I.P.C. and sentenced to R.I. for 3 years and also to pay a fine of Rs; 1,000/ -, in default to suffer R.I. for, two months more. The convict is the sole appellant before us. At the trial the defence was that the deceased was moody, sentimental and a mental patient and that the death was due to accidental fire for which none of the accused was responsible.
(2.) THE appellant Dipankar, a practising, advocate in Midnapore Court and the deceased Saswati, a working girl in Midnapore Collectorate, loved each other from before their marriage which materialised On 3rd June; 1977. Saswati was the daughter of Dinendra P.W. 1, and Manju P.W. 2 and till her marriage she lived in her father's house at Prembazar, Kharagpore with her parents, sister Sarbari @. Mapu P.W. 9 and brothers. After her marriage in 1977, till her death in August, 1982 Saswati lived with her husband Dipankar, father -in -law Sailendra, mother -in -law Anuradha and sister -in -law Krishna in their Sanghatbazar house at Midnapore town and a son and a daughter were born of the wedlock. It appears that on 20th August, 1982, at about 10 a.m. Saswati sustained extensive bum injuries while at Dipankar's house and she was removed to Midnapore Sadar Hospital where she was examined and treated by two doctors Dr. S.K. Mondal, P.W. 16 and Dr. S.K. Mindal P.W. 8; She breathed her last in the hospital on 25th August at about 4.50 p.m. and in the meantime her dying declaration Ext. 8 was recorded by Dy. Magistrate, P.K. Ghose, D.K. Bhowmik, P.W. 6 held post -mortem examination on the dead body, brought and identified by constable T.K. Dey, P.W. 11 on 26.8.1982. On examination the doctor found 60 percent first degree bums on the upper and lower limbs and on the back of perineum and opined that death was as a result of the burn injuries ante -mortem in nature. Although the post mortem doctor did not express any opinion as to whether this was homicidal or suicidal death, from the injury report Ext. 7 and the dying declaration Ext, 8 it has been established that this was a case of suicidal death. The crucial point which arises for our consideration at this stage is whether the self -murder was absolutely an act of Saswati herself or the appellant actively abetted the commission or such suicide by some acts of commission or omission. Unfortunately, the best reason who could give positive answer to such a question is dead. We will have to depend, therefore, upon collateral proof to ascertain the circumstances including the state of mind or the victim preceding the tragic death.
(3.) THE prosecution heavily relies on the testimony of Dinendra P.W. 1, Manju P.W. 2, Dr. S.P. Mukherjee P.W. 5, Sarbari P.W. 9, Dr. S. Mondal P.W. 16 and upon certain documents marked Exts. 3, 7 and 8. In his testimony, Dinendra P.W. 1 has cited one intenerating to the torture on his daughter Saswati. It was in the month of April, 1982 when one day on receipt of some information from a messenger sent by Saswati, Dinendra along with his wife Manju P.W 2 visited Dipankar's residence and saw marks of assault on the person of his daughter. Dr. S.P. Mukherjee, P.W.;