- (1.) The question is whether the learned Trial Court was justified in framing charge against the petitioners under section 306 read with section 34 of the Indian Penal Code. The victim, the youngest daughter of the de facto complainant was a painter and artist and by selling her pictures the family of the complainant used to be maintained. A structure was erected on the roof of the second floor of the building where the victim would do the work of painting. To acquire proficiency in English an English teacher was appointed for the victim, he is the petitioner No. 1, Indrajit Kundu. The other two petitioners are his parents. There developed intimacy between the victim and Indrajit in course of coaching. There was a decision between the two of early marriage. To finalize the proposal of marriage the victim had gone to the house of Indrajit on 5th of March, 2004. The de facto complainant came to know that when the victim had asked Indrajit in his house to finalize the date of marriage the parents of Indrajit came out to raise shouts and addressed the victim saying " you are a call-girl, why my son would marry you, we would give our son in marriage elsewhere". Indrajit did not protest against this version of his parents. His daughter, victim returned home and became mentally perturbed. He, and his other daughters tried to persuade the victim and assured that he would personally talk with the parents of Indrajit and decide everything. Then the victim took dinner and retired to bed. On 6th March, 2004, the victim as usual went to her drawing room; at about noon she asked her another sister to give her mobile phone. At about 1.00 p.m. the victim was called for lunch, no response was received. His another daughter started crying and it was found that the victim committed suicide. The de facto complainant is confident from the conversation of the victim held on 5th of March, 2004 and from her letter dated 6th of March, 2004 that Indrajit and his parents were responsible for commission of suicide by the victim.
(2.) Jorabagan Police Station started Jorabagan P.S. Case No. 38 dated 6th of March, 2004 against the three petitioners under section 306 of IPC. Charge sheet was submitted against the three on 7th May, 2004 under the aforesaid section of the law.
(3.) There are two suicidal notes. The first one reads as follows: 'for my death Sanjit Kundu and his wife Anju Kundu of Madan Mohan Press are responsible. My fault is that I love Indrajit Kundu, their divorcee son. Assuring me of marriage Indrajit in order to expose his modern bent of mind persuaded me in cohabitation. I had given him all the money for purchasing of computer. His parents abused me in silly words and his father spotted my character by telling me as a call-girl. If I am a call-girl, why I by hard labour draw picture and go for coaching.';