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2008 DIGILAW 684 (CAL)

Bijon Bala Das v. STATE OF WEST BENGAL

2008-07-14

ASHIM KUMAR BANERJEE, TAPAS KUMAR GIRI

body2008
Judgment :- (1.) ONE Gita Das aged about 18 years was given marriage with Aloke Das on December 10,1982. They were residing at Mallick colony under Baranagar P. S in the district of 24 parganas (North). Soon after the marriage there was strong disagreement between the couple and there was "peacelessness" in her marital home. On June 08, 1983 Aloke came to his in-laws place and asked them to visit his house. Accordingly on June 11, 1983 two sisters of Gita being Sabita Dey and Anita Dey went to Gitas marital home in the afternoon. In their presence Aloke and Bijon Bala the mother-in-law had altercation with Gita. Gita wanted to leave her marital home and wanted to go to her parental home with her sisters. Bijon Bala, however, refused to permit her to go back to her parental home. Aloke accompanied Sabita and Anita to the bus stand while they were returning. When they were in the bus stand waiting for the bus a young boy came and reported that Gita had burnt herself alive. Gita was immediately taken to the hospital where she breathed her last. There was no dying declaration as would appear from the record. Altogether nine witnesses were examined including Sabita and Anita being P. W. 1 and P. W. 8. Sabita and Anita corroborated the incident of the afternoon of June 11, 1983. They also deposed that Aloke used to assault Gita. They also deposed that the mother-in-law Bijon Bala used to tell Gita that she must commit suicide so that she could give re-marriage of her son. Both the sisters deposed that the other accused being Kesto, the brother-in-law of (Alokes younger brother) used to give indecent proposal to Gita to have extra marital relationship with him. The neighbors were declared hostile being P. Ws. 2, 3,4,5 and 6. P. W 5 was the witness to the seizure list. P. W. 9 was the investigating officer. From the judgment it appears that despite notice the Doctor who examined the dead body did not turn up. Hence the post-mortem report did not come in evidence. (2.) ON perusal of the complaint made by Sabita six day after the incident and the evidence it would appear that Aloke was admittedly out of the house at the time of occurrence. In the evidence both Sabita and Anita deposed that Aloke used to assault Gita. Hence the post-mortem report did not come in evidence. (2.) ON perusal of the complaint made by Sabita six day after the incident and the evidence it would appear that Aloke was admittedly out of the house at the time of occurrence. In the evidence both Sabita and Anita deposed that Aloke used to assault Gita. However, the prosecution did not charge Aloke under Section 498a or any other appropriate provision save and except under Section 306 of the Indian. Penal Code. We do not have any hesitation to observe that no evidence could be found as against Aloke under Section 306 by which we could come to conclusion that Aloke was responsible for the unfortunate incident. (3.) BOTH the sisters deposed against Kesto to the extent that he used to give indecent proposal to Gita. He also used to assault her. Apart from these two evidence which were not corroborated by any of the neighbours or any other eye-witness. Hence it would be difficult for us to hold that the circumstantial evidence and the chain of events would conclusively prove that Kesto was responsible for the unfortunate incident so that he could be charged under Section 306. (4.) THE learned Session Judge held Bijon Bala guilty of the offence. We have perused the evidence. We have also perused the judgment impugned herein. We do not find any scope of interference on that score. Bijonbala was in the house at the time of occurrence. There was no eye witness to the incident. She owed an explanation how the incident had occurred or what had prompted the victim to commit suicide. No such explanation came from her. Emphasis was put on the fact that the post-mortem report was not tendered in evidence. It was a case under Section 306 of the I. P. C. The death was not in dispute. The death was due to burn injury that came out in evidence and that was not disputed by the accused. Hence mere non-production of the Doctor to prove the post-mortem report would not ipso facto deserve acquittal of the accused, if she was otherwise not entitled so. (5.) THE appeal thus succeeds in part. (6.) ALOKE Das @ Haradhan and Hare Krishna Das @ Kesto are acquitted from the charges. They are on bail. Sureties are discharged. (7.) THE conviction with regard to Bijon Bala is confirmed. (5.) THE appeal thus succeeds in part. (6.) ALOKE Das @ Haradhan and Hare Krishna Das @ Kesto are acquitted from the charges. They are on bail. Sureties are discharged. (7.) THE conviction with regard to Bijon Bala is confirmed. Bijon Bala is directed to surrender before the Court below. (8.) THE sureties are directed to produce the accused Bijon Bala before the Court below. (9.) A copy of the judgment along with the records be sent down to the Court below at once. (10) THE appeal is disposed of accordingly without any order as to costs.