Research › Search › Judgment

Calcutta High Court · body

2010 DIGILAW 314 (CAL)

Samsuddin Mondal v. STATE OF WEST BENGAL

2010-03-24

DEBIPRASAD SENGUPTA, PRABHAT KUMAR DEY

body2010
JUDGMENT Prabhat Kumar Dey, J. 1. THIS appeal is directed against the judgment and order of conviction and sentence dated 31.05.94 passed by the learned Assistant Sessions Judge, Katwa, Burdwan in sessions trial no. 21/88 (sessions case no. 238/88) thereby convicting the appellants Samsuddin Mondal and Jaheda Bibi under section 306/498A of the IPC and sentencing the accused Samsuddin to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 2000/-, in default, to suffer further rigorous imprisonment for one year and also sentencing Jaheda Bibi to suffer rigorous imprisonment for three years. 2. THE prosecution case in brief is that : On 7th Baisakh 1391 BS Farida Bibi was given in marriage with appellant no. 1 Samsuddin Mondal. After marriage she went to her matrimonial house at Gourdanga and lived there for three days and thereafter she along with her husband came to her paternal house at Singhi and lived there for 15-16 days. The accused appellant no. 1 left her at Singhi. In the month of Agrahayan on the occasion of Navanna, the accused appellant no. 2 came and took the said Farida to their house at Gourdanga. At that time Farida was pregnant. Both the accused appellants used to torture upon her in different ways demanding a bicycle and land of her father. The mother of Farida agreed to give a bicycle at the time of marriage but she was unable to meet such demand due to her poverty. The mother of Farida took her to their house and she was treated at Katwa hospital where she gave birth to a female child. But neither accused appellant no. 1 nor accused appellant no. 2 took any information about the newborn baby and also about Farida. Thereafter in the month of Aswin in the same year accused appellant no. 1 along with his friends came to the house of the mother of Farida and they gave assurance to the mother of Farida that she would not be tortured in future and then on such assurance her mother allowed her to go to the house of the accused. After some days the accused persons again started inflicting torture upon Farida for land and bicycle and said that if she failed to bring the bicycle and land then she would be tortured more. After some days the accused persons again started inflicting torture upon Farida for land and bicycle and said that if she failed to bring the bicycle and land then she would be tortured more. Thereafter mother of Farida went to the house of the accused where she expressed that she was unable to meet their demand. On hearing this, both the accused persons told that more torture would be inflicted upon Farida. Ultimately Farida committed suicide by hanging herself in her matrimonial house having failed to bear torture. In order to prove the case, the prosecution examined as many as 13 witnesses including medical officer and the investigating officer and none was examined on behalf of the defence. Defence of the accused was a plea of innocence and false implication. 3. P.W 1, Ajema Bibi, the mother of the victim Farida, was the informant in this case. She corroborated her statement made in first information report. She stated in her evidence that soon after the pregnancy of her daughter Farida, her husband and mother-in-law i.e. accused appellants used to torture upon her demanding bicycle and landed property and when she was unable to meet such demand then torture upon her daughter was increased and being unable to bear such torture she was compelled to commit suicide by hanging herself. 4. P.W. 2, Tapan Konar was a primary school teacher and also the Pradhan of Singhi Gram Panchayat. After hearing the incident he went to the house of the accused where she found the dead body of Farida on the veranda and also found a rope and a ladder by the side of the dead body. He further deposed that inquest over the dead body of Farida was held and report was prepared where he put his signature and he was also a witness to the seizure of rope and ladder. P.W. 3, Meherlekha Bibi was the aunt of Farida, since deceased. She stated in her evidence that cash Rs. 8000/- and three vories of gold were given at the time of marriage of Farida. Accused Samsuddin also claimed a bicycle and some land. She further stated that after marriage Farida went to her matrimonial house and lived with her husband for three days and thereafter she along with her husband came to her paternal house at Singhi and stayed there for 15 days. Accused Samsuddin also claimed a bicycle and some land. She further stated that after marriage Farida went to her matrimonial house and lived with her husband for three days and thereafter she along with her husband came to her paternal house at Singhi and stayed there for 15 days. Samsudin returned to his house leaving Farida at Singhi. In the month of Agrahayan Faridas mother-in-law came to Singhi and brought her to their house at Gourdanga. During her stay at Gourdanga she was assaulted by the accused persons in various ways demanding bicycle and land. She further stated that during pregnancy Farida was not taken care of by the accused persons and she was taken to Singhi and was treated at Katwa hospital where she gave birth to a female baby. During her stay in the hospital, the accused persons did not take any information about her. In the month of Aswin, husband of Farida along with two other persons came to Singhi where they assured her mother that no such torture would be inflicted upon her in future. After bringing her to Gourdanga by her husband she was again subjected to torture. She was not given proper food and no care was also taken of her and they also demanded bicycle and land. She also stated that Farida committed suicide in her matrimonial house by hanging. 5. P.W. 4, Nabika Bibi was a co-villager of the matrimonial house of the deceased. She stated that Farida committed suicide by hanging in her matrimonial house and at that time both the accused persons were not present in the house. However, she did not make any whisper about the torture upon Farida, since deceased. 6. P.W. 5, Abdul Gani Sekh was a resident of village Singhi. He corroborated the evidence of other witnesses viz. P.W. 1 and P.W. 3 stating that Farida was subjected to torture by the accused appellants in her matrimonial house demanding bicycle and land. P.W. 6, Motiar Rahaman Sekh who was the brother of victim Farida, also corroborated P.W. 1, P.W. 3 and P.W. 5. regarding torture upon Farida by her husband and mother-in-law. 7. P.W. 7, Mastana Khatoon was also a co-villager of P.W. 1. She was declared hostile by the prosecution. 8. P.W. 8, Mustafa Mondal was also a resident of village Gourdanga. regarding torture upon Farida by her husband and mother-in-law. 7. P.W. 7, Mastana Khatoon was also a co-villager of P.W. 1. She was declared hostile by the prosecution. 8. P.W. 8, Mustafa Mondal was also a resident of village Gourdanga. He stated in his evidence that Farida committed suicide by hanging in her matrimonial house and hearing the incident he along with others went to the spot and found that Farida was hanging in her matrimonial house and after cutting the rope he brought down the dead body with the help of Muzaffar and placed the dead body on the veranda. P.W. 9 was Muzaffar Mondal. He also corroborated P.W. 8 and stated that he along with P.W. 8 went to the house of Samsuddin and found Faarida in hanging condition and brought down the dead body with the help of Mustafa and placed the body on the veranda. P.W. 10 was the autopsy surgeon who held post mortem examination over the dead body of Farida Bibi and opined that the cause of the death was due to asphyxia as a result of hanging which was ante mortem and suicidal in nature. P.W. 11 was a police constable. He stated that after receiving the information about suicide by hanging, he along with police officer had been to the matrimonial house of the deceased at Gourdanga where inquest was held in his presence. He carried the dead body to Katwa hospital for post mortem. 9. P.W. 12, Hyat Ali was the brother of Farida, since deceased. He also corroborated the evidence of other witnesses viz. P.W. 1, P.W. 3, P.W. 5 and P.W. 6 and stated that Farida was tortured by her husband and mother-in-law demanding bicycle and land and she committed suicide by hanging being unable to bear such torture by the accused appellants. 10. P.W. 13 was the I.O of the case and he submitted charge sheet on completion of investigation. Mr. Bagchi, learned advocate appearing for the appellant has drawn our attention to the delay in lodging the FIR. The incident took place on 6.5.86 in the morning. The FIR was lodged on 7.5.86 at 08.45 hrs. He also pointed out that inquest was held over the dead body of Farida Bibi as per UD case no. 79 dated 7.5.86 at 5.25 hrs. i.e. before registration of FIR. The incident took place on 6.5.86 in the morning. The FIR was lodged on 7.5.86 at 08.45 hrs. He also pointed out that inquest was held over the dead body of Farida Bibi as per UD case no. 79 dated 7.5.86 at 5.25 hrs. i.e. before registration of FIR. He also submitted that the case was reported on 6.5.86 on 17.35 hrs. as per the said UD case. On careful scrutiny of the UD case report (Ext. 7) together with the FIR (Ext. 12) it was found that the FIR was lodged at the P.S on 7.5.86 at 08.45 hrs. The I.O stated in his evidence that UD case was started from Katwa P.S being no. 79 dated 7.5.86, but we find that there is interpolation over the date of the UD case being no. 79 by using separate dot pen ink although the inquest report was prepared in carbon process which was filed before the trial court but there is clear interpolation over the date of the concerned UD case. 11. ON careful scrutiny of the said date it was found that over the date 6.5.86 the number 7 was interpolated over the number 6. It was also found that the officer who held the inquest and submitted the report put his signature below the report by giving date as 6.5.86 and the witnesses also put their signatures on the said report by giving date as 6.5.86. So it can safely be said that U.D. case was started on 6.5.86 at 17.35 hrs. and the inquest was held over the dead body on 6.5.86. So the delay in lodging the FIR cannot be said to be fatal and the delay of one day in our considered view is quite natural and the same is accepted. 12. MR. Bagchi has also drawn our attention to certain infirmities in the evidence on record. The witnesses viz. P.W. 1, P.W. 3, P.W. 5 and P.W. 6 categorically stated in their evidence that torture was inflicted upon the victim demanding a bicycle and land. In our considered view that evidence adduced by the prosecution either oral or documentary does not seem to suffer from inherent weakness and it is free from all sorts of infirmities. Farida Bibi committed suicide in her matrimonial house within 2 years of her marriage. In our considered view that evidence adduced by the prosecution either oral or documentary does not seem to suffer from inherent weakness and it is free from all sorts of infirmities. Farida Bibi committed suicide in her matrimonial house within 2 years of her marriage. Admittedly the victim used to remain in the matrimonial house along with her husband i.e. appellant no. 1 and her mother-in-law, accused appellant no. 2. The appellants did not explain as to how the death of the victim had taken place. It is found from the evidence of P.W. 4, who was a co-villager of the accused/appellants, that she stated in her evidence that she found the victim in hanging condition in the house of the accused and Mustafa, Muzaffar and Moslana Bibi rushed to the spot and shifted the dead body from that condition and at that time the accused persons (appellants) were not present in the house. P.W. 5 also corroborated her (P.W. 4) by saying that the dead body of Farida was lying in the house of the accused person and at that time both the accused persons were not present in the house. No explanation was given by them for their abscondance. Therefore, an adverse inference can be drawn against the accused persons. Ill-treatment caused to the victim by the accused persons demanding bicycle and land cannot be disbelieved. It was found from the evidence of the witnesses that the victim committed suicide due to unbearable torture caused by the accused persons and the abetment to such commission of suicide cannot also be ruled out. 13. WE have heard the learned Advocates of the respective parties and perused the entire evidence on record. The dead body of the victim was found inside her matrimonial house. No explanation was offered by the accused appellants in their examination under section 313 Cr.p.c. also. But at the same time we also find scrutinizing the evidence on record that there is no specific allegation of torture and ill-treatment against the appellant No. 2. None of the witnesses has stated in their evidence about their direct knowledge of torture and ill-treatment by appellant No. 2. Appellant No. 1 being the husband has a moral obligation to protect his wife which he failed to do. None of the witnesses has stated in their evidence about their direct knowledge of torture and ill-treatment by appellant No. 2. Appellant No. 1 being the husband has a moral obligation to protect his wife which he failed to do. It is the appellant No. 1 (husband) who took the victim from her parents house with an assurance that no further torture would be inflicted upon her in future. But she was again subjected to torture for one bicycle by her husband (appellant No. 1), for which she was compelled to commit suicide. 14. AFTER scrutinizing the entire evidence on record we are of the view that the judgment and order of conviction and sentence passed by the learned trial judge, in so far as the appellant No. 1 is concerned, do not suffer from any illegality and we do not find any reason to interfere with the same. But so far as the appellant No. 2 is concerned, we are of the view that the prosecution was not able to prove its case beyond reasonable doubt against the appellant No. 2. Accordingly, we direct that the appellant No. 2 namely Jaheda Bibi be acquitted of the charge framed against her and be discharged from her bailbond. Conviction and sentence awarded on appellant no. 1 Samsuddin Mondal is hereby affirmed. The appellant no. 1, who is now on bail, will surrender before the court below to serve out the remaining period of his sentence. The present appeal is, accordingly, disposed of. A copy of this judgment along with the LCR be sent down to the court below immediately. Urgent xerox certified copy of this judgment and order may be supplied to the learned Advocates of the respective parties, if the same is applied for.