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2012 DIGILAW 818 (GAU)

Kanu Debnath v. State of Tripura

2012-07-16

SWAPAN CHANDRA DAS

body2012
JUDGMENT S.C. Das, J. 1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 08.08.2005, passed by learned Session Judge, West Tripura, Agartala, in case No. ST (WT/A) 29 of 2004. Learned Sessions Judge found the accused appellant guilty of committing offence punishable under Sections 498-A and 304-B of IPC and sentenced him to suffer RI for 10 years. Heard learned counsel Mr. RFC. Biswas for the appellant and learned P.P., Mr. D. Sarkar assisted by learned counsel, Mr. R.C. Debnath for the State respondent. 2.1 FACT OF THE CASE Prasenjit Bhowrnik (P.W. 1) set the criminal law in motion presenting an FIR in writing with the O/C, Bishalgarh P.S. on 02.11.2003, at about 1810 hrs., alleging that marriage of his younger sister Nabanita Bhowmik (Debnath) was solemnized with the accused Kanu Debnath on 12th of March, 1999 A.D. as per Hindu rites, and since after expiry of one year of marriage his brother-in-law (Kanu Debnath) started inflicting physical and mental torture on Nabanita, and when the news of torture occasionally reached their house, his parents used to go to the house of Kanu Debnath and would settle it. On 01.11.2003, as said by Kanu Debnath, his sister Nabanita, applied kerosene oil over her body at about 11 pm of the night and set her to fire, as a result she received severe burn injuries. Thereafter, she was admitted to GB. Hospital for treatment. Nabanita died in the following morning i.e. on 02.11.2003. Before her death his sister Nabanita verbally told him that her husband Kanu Debnath was responsible for her death. 2.2 O/C Bishalgarh PS on receipt of the FIR registered Bishalgarh P.S. Case No. 129 of 2003 under Sections 498-A and 306 of IPC and taken up investigation. 2.3 In Course of investigation, O/C Bishalgarh P.S. examined material witnesses and recorded their statements, arrested accused Kanu Debnath from his house, collected inquest report and postmortem report, done over the dead body of the deceased Nabanita, and on completion of investigation, submitted charge sheet against the accused under Sections 498-A and 306 of IPC. 2.4 Cognizance was taken on the basis of police report and in due course the case was committed to the Court of Sessions. 2.4 Cognizance was taken on the basis of police report and in due course the case was committed to the Court of Sessions. 2.5 On 27.03.2004, learned Sessions Judge framed charges against the accused for commission of offence under Sections 498-A and 304-B of IPC, to which the accused pleaded not guilty and claimed to be tried. 3.1 In course of trial, prosecution examined 13 witnesses, namely P.W. 1 Prasenjit Bhowmik, P.W. 2 Priyalal Bhowmik, P.W. 3 Sabita Debnath, P.W. 4 Chandan Das, P.W. 5 Laxmi Rani Bhowmik, P.W. 6 Maushumi Saha, P.W. 7 Abhijit Saha, P.W. 8 Ashim Debnath, P.W. 9 Dr. Pranab Choudhury, PW. 10 Biswajit Dutta, P.W. 11 Uma Majumder, P.W. 12 Ajit Banik and P.W. 13 Gouranga Ch. Deb. 3.2 Out of the aforesaid witnesses, P.W. 1 is the informant and elder brother of the deceased. PWs. 2 and 5 are the father and stepmother of the deceased. PWs. 6 and 7 are the sister and sister's husband of the deceased. PWs. 10 and 11 are the cousin brother and aunt of the deceased. P.W. 3 is the sister-in-law of the accused, who was declared hostile by the prosecution. PWs. 4 and 8 are the close neighbours of the accused. PW. 9 is the Medical Officer, who conducted postmortem examination over the dead body. P.W. 12 prepared inquest report over the dead body and PW. 13 is the I.O. of the case. 3.3 In course of examination of witnesses, prosecution also proved the postmortem report and inquest report, done over the dead body of Nabanita and hand-sketch map with index of the house of the accused, where the incident occurred, etc. 3.4 To state briefly, the prosecution case is that marriage between Nabanita and Kanu was solemnized on negotiation at the intervention of the family friends on 12.03.1999. After marriage Nabanita entered in the marital house with her husband and had been living with other members of the family including parents-in-law, brother-in-law, sister-in- law, etc. Kanu was employed as a constable of C.R.P.F. and was posted at Jalandhar and he used to normally visit his house twice a year while his wife Nabanlta used, to stay in the matrimonial home at Charilam. Kanu demanded a motor cycle, worth Rs.40,000/- but the amount could not be afforded by the parents of Nabanita, and therefore, she was subjected to torture mentally and physically. Kanu demanded a motor cycle, worth Rs.40,000/- but the amount could not be afforded by the parents of Nabanita, and therefore, she was subjected to torture mentally and physically. On 01.11.2003, a Saturday, at about 11.30/12 pm (night), Nabanita doused kerosene oil on her body and set herself to fire, and as a result she received about 88% burn injury and immediately after the incident Kanu Debnath shifted her to G.B. Hospital and informed the inmates of his in- laws house. Nabanita died on 02.11.2003 at about 8.00 am. It is the case of the prosecution that before her death Nabanita told her parents, brother, sister and brother-in-law, etc. that she could not tolerate the torture on her by her husband Kanu Debnath and to get rid of such torture she set herself on fire by pouring kerosene oil on her body. 4.1 After closure of the prosecution evidence, the accused was examined under Section 313 of Cr. P.C. Thereafter, accused examined five witnesses in support of his case, namely D.W. 1 Narayan Debnath, D.W. 2 Rabin Debnath, D.W. 3 Manu Debnath, D.W. 4 Rabindra Sarkar and DW 5 Rebati Mohan Das. 4.2 Out of the aforesaid witnesses, D.W. 1 is the brother of the accused, DWs. 2, 3 and 4 are the next door neighbours of the accused and D.W. 5 is the Panachayat Secretary of the village of the accused at the relevant time. 4.3 Defence case is that marriage between the accused and Nabanita was solemnized on negotiation and there was no demand of dowry at the time of marriage. The accused had been working as a constable of C.R.P.F. Since before his marriage he was posted at Jalandhar in the State of Punjab, and used to stay there. He was normally visiting his house twice in a year. There was cordial relation between him and his wife. There was no occasion for him to demand a motor cycle or money for purchasing a motor cycle since he used to stay all along in his service place. Nabanita wanted to stay with him at Jalandhar in his service place but the accused did not agree to take her to Jalandhar since his parents were old and ailing. Nabanita felt pain when her request to take her to Jalandhar was refused by the accused and out of that sentiment since her request was not fulfilled, she committed suicide. Nabanita wanted to stay with him at Jalandhar in his service place but the accused did not agree to take her to Jalandhar since his parents were old and ailing. Nabanita felt pain when her request to take her to Jalandhar was refused by the accused and out of that sentiment since her request was not fulfilled, she committed suicide. It is the further case of the defence that Nabanita made no such dying declaration and the family members of her parental house made false statements to entangle the accused somehow for punishment. 5. Learned Sessions Judge, considering the evidence on record, found the accused guilty and sentenced him accordingly as aforesaid. 6. The life of a young woman, aged about 23 years eliminated in the matrimonial home within seven years of marriage. The bride committed suicide setting herself to fire. The matrimonial offences are normally committed within four-walls of the matrimonial home, and therefore, normally neighbourers are not expected to be the witnesses to such matrimonial discord unless it is reported by the victim herself or any other members of the family. No doubt, the parents and brother and sister and other relatives of the bride are natural witnesses, to whom the victim woman would ordinarily express her plight in the matrimonial home. The Supreme Court in the case of Kundula Bala Sbrahmanyam & Anr. Vs. State of Andhra Pradesh reported in (1993) 2 SCC 684 :1993 Cri. LJ 1635, was pleased to comment on the role of the Courts while dealing with the cases involving the crimes against women of the like nature. The Court held thus- The role of Courts, under the circumstances assumes greater importance and it is expected that the Courts would deal with such cases in a more realistic manner and not allow the criminals to escape on account of procedural technicalities or insignificant lacunae in the evidence as otherwise the criminals would receive encouragement and the victims of crime would be totally discouraged by the crime going unpunished. The Courts are expected to be sensitive in cases involving crime against women. The verdict of acquittal made by the trial Court in this case is an apt illustration of the lack of sensitivity on the part of the trial Court. It recorded the verdict of acquittal on mere surmises and conjectures and disregarded the evidence of the witnesses for wholly insufficient and insignificant reasons. The verdict of acquittal made by the trial Court in this case is an apt illustration of the lack of sensitivity on the part of the trial Court. It recorded the verdict of acquittal on mere surmises and conjectures and disregarded the evidence of the witnesses for wholly insufficient and insignificant reasons. It ignored the vital factors of the case without even properly discussing the same. The Courts are also required to take care so that innocent persons are not entangled in such cases since there is a general tendency of the relatives of such deceased to falsely involve the husband and other relatives of the husband with false charges. The Supreme Court in such a sensational case, namely Sharad Birdhichand Sarda Vs. State of Maharashtra reported in (1984) 4 SCC 116 , in paragraph 48 of the judgment observed thus: 48. Before discussing the evidence of the witnesses we might mention a few preliminary remarks against the background of which the oral statements are to be considered. All persons to whom the oral statements are said to have been made by Manju when she visited Beed for the last time, are close relatives and friends of the deceased. In view of the close relationship and affection any person in the position of the witness would naturally have a tendency to exaggerate or add facts which may not have been stated to them at all. Not that this is done consciously but even unconsciously the love and affection for the deceased would create a psychological hatred against the supposed murderer and, therefore, the Court has to examine such evidence with very great care and caution. Even if the witnesses were speaking a part of the truth or perhaps the whole of it, they would be guided by a spirit of revenge or nemesis against the accused person and in this process certain facts which may not or could not have been stated may be imagined to have been stated unconsciously by the witnesses in order to see that the offender is punished. This is human psychology and no one can help it. 7. Section 498-A and 304B of IPC have been inserted and brought into effect with a view to curb the vices of cruelty to a married ' woman by her husband or other members of the in- laws' house. This is human psychology and no one can help it. 7. Section 498-A and 304B of IPC have been inserted and brought into effect with a view to curb the vices of cruelty to a married ' woman by her husband or other members of the in- laws' house. It is known to all concern that the greed for dowry and the dowry system, as an institution, is the root of the offence contemplated in the provisions. To deal with the offence with an iron hand, Section 113-A has also been introduced in the Evidence Act, raising a presumption against the husband or other relatives of the husband. Burden ordinarily rests on the prosecution to prove its case that the deceased woman was subjected to cruelty in the matrimonial home and the degree of cruelty was of such an extent that she was dragged to commit suicide. The Courts, while must be sensitive in trying such cases, should also not expected to be guided by sentiment or emotion. The Courts are required to carefully examine the evidence and surrounding circumstances and arrive at a decision so that the real culprits, if involved in the crime of offence, are booked and that no one is subjected to punishment because of some sorts of wear and tear in the ordinary family life. 8. On going through the evidence on record and after hearing learned counsel of both side, certain facts, found to be undisputed, are proved with overwhelming evidence on record. Those are- (i) Marriage between accused appellant Kanu Debnath and deceased Nabanita was solemnized on 12.03.1999, on negotiation, as per Hindu rites, and thereafter, Nabanita entered the marital home holding the hands of her husband Kanu and started new innings of her life. (ii) The accused Kanu had been working as CRPF personnel, posted at Jalandhar, and he normally used to visit his house twice a year, once for a few days taking CL, etc. and again for about two months on E.L., etc. (iii) Nabanita used to live in the matrimonial home with her parents-in-law, brother and sister-in-law in a joint mess. (iv) Nabanita wanted to go to Jalandhar with her husband Kanu to live with him. (v) In the year 2003, during Durgapuja festival, Kanu came home from Jalandhar and Nabanita was also there in the matrimonial home. (vi) Nabanita committed suicide on 01.11.2003 at about 1200 hrs. (iv) Nabanita wanted to go to Jalandhar with her husband Kanu to live with him. (v) In the year 2003, during Durgapuja festival, Kanu came home from Jalandhar and Nabanita was also there in the matrimonial home. (vi) Nabanita committed suicide on 01.11.2003 at about 1200 hrs. (night) dousing kerosene oil on her body and set her to fire. (vii) Immediately after the incident she was taken to G.B. hospital by the accused Kanu and others. (viii) Nabanita suffered severe 88% burn injury and she died on 02.11.2003 at about 8.00 am. 9. Prosecution witnesses may be classified in three groups. PWs. 1, 2, 5, 6, 7, 10 and 11, are all relatives of the deceased Nabanita and they, all in a chorus, made the statement that Nabanita was subjected to cruelty, both mentally and physically by her husband on demand of a motor cycle and/or for Rs.40,000/- for purchasing a motor cycle, and that Nabanita before her death told them that the torture inflicted on her was unbearable, and therefore to get-rid-of the torture she committed suicide. In the second group, we may put PWs. 3, 4 and 8, who are the sister-in-law and neighbours of the accused. They did not support the prosecution case, rather they stated that the relationship between Nabanita and Kanu was cordial and that there was no occasion that Nabanita was subjected to cruelty. The third group is the official witnesses, i.e. the P.W. 9, the Autopsy Surgeon, P.W. 12, the Police Officer, who prepared the inquest report and P.W. 13, the 1.O. There is no independent witness, examined by the prosecution in support of its case. 10. Learned counsel, Mr. Biswas has submitted that Nabanita died at about 8.00 am on 02.11.2003 and the inquest report (Exbt. 12) prepared over her dead body at about 10.00 am and it was signed by father of Nabanita (PW. 2) and by accused herself including other witnesses. FIR was lodged on the same day at 1810 hrs. No allegation was made at the time when inquest report was prepared that she was subjected to cruelty on demand of dowry or otherwise or that she made a dying declaration that she was subjected to cruelty, and therefore she committed suicide. PW. 2 in his deposition proved his signature in the inquest report. No allegation was made at the time when inquest report was prepared that she was subjected to cruelty on demand of dowry or otherwise or that she made a dying declaration that she was subjected to cruelty, and therefore she committed suicide. PW. 2 in his deposition proved his signature in the inquest report. Therefore, the FIR is an afterthought and was lodged on conspiracy to somehow entangle the accused with false allegation with a view to put him to suffer since they have lost their dear and near Nabanita. Further, learned counsel has drawn attention that there is nothing in the FIR that any demand of motor cycle or payment of Rs.40,000/- was made by the accused at any point of time or that any demand of dowry at all was made at the time of marriage. Had there was demand of dowry and consequential mental and physical torture on Nabanita and Nabaruta made any dying declaration, PW. 2, the father, would immediately report the police officer (P.W. 12). So, the prosecution case at the very inception is to be treated as doubtful. Learned P.P., on the other hand, has submitted that the FIR may not be with all meticulous details. Father of the deceased was grief stricken at the time when he signed the inquest report. So, he may not lodge the FIR at that very moment itself. It may not be proper to disbelieve the prosecution case as a whole simply because the FIR was not lodged on the night of occurrence or immediately after the death of the deceased. 11. PWs. 1, 2, 5 and 7, all have admitted that on the night of 01.11.2003, after admitting Nabanita in the hospital, the accused went to the house of his in-laws i.e. PWs. 1, 2 and 5, collected mosquito net and PWs. 1 and 7 also admitted that they accompanied the accused to the hospital on that night itself. If Nabanita was subjected to physical and mental torture on demand of motor cycle, etc., it was natural for those witnesses to react and to report the incident to the police. The FIR admittedly was lodged on 02.11.2003 at 1810 hrs., and according to the defence it was lodged after a conspiracy to involve the accused falsely. If Nabanita was subjected to physical and mental torture on demand of motor cycle, etc., it was natural for those witnesses to react and to report the incident to the police. The FIR admittedly was lodged on 02.11.2003 at 1810 hrs., and according to the defence it was lodged after a conspiracy to involve the accused falsely. No explanation brought on record as to why the FIR was not lodged just immediately after the death of Nabanita though PW. 2 and others were present while inquest report was prepared by the police. Secondly, in the FIR there is no whisper that at the time of marriage any demand of dowry was made or that after about a year of the marriage accused demanded a motor cycle or asked to make payment of Rs.40,000/- for purchasing a motor cycle. 12.1 Let us now see the evidence on record regarding the alleged demand of motor cycle and/or money and exercise of cruelty on the deceased. 12.2 PW. 1 in his deposition stated that after the marriage Kanu Debnath demanded a motor cycle from them as dowry but since it could not be given to him, Kanu and his family members started torture upon his sister Nabanita, both mentally and physically. In cross-examination, his attention was drawn to the statement recorded as FIR, to which he admitted that he did not state about the demand of motor cycle by accused Kanu. 12.3 P.W. 2 stated that after marriage there was peace in the family of her daughter for about one year. Thereafter, relation between her daughter and her husband got strained. Kanu used to inflict torture on his daughter Nabanita both mentally and physically. His daughter, as and when used to visit his house, would tell them about the torture committed by her husband. His daughter told him that she was treated like a maid servant in the matrimonial home. After a few months of marriage Kanu demanded Rs.40,000/- from him for purchasing a motor cycle, but since he retired from service and was passing with financial hardship, he could not fulfill the demand of Kanu, and that was the reason that Kanu inflicted torture on his daughter Nabanita. 12.4 P.W. 5 stated that after marriage Nabanita lived peacefully for about two months but thereafter Kanu started torture on her. 12.4 P.W. 5 stated that after marriage Nabanita lived peacefully for about two months but thereafter Kanu started torture on her. Few months after the marriage Kanu demanded Rs.40,000/- from them for purchasing a motor cycle. Her husband, being a retired man, could not afford the amount and therefore, the accused committed torture on her daughter. 12.5 PW. 6 stated that they (Kanu and Nabanita) lived peacefully for about a year but thereafter torture on her sister was started. Her sister told her that Kanu used to assault her physically. Kanu made a demand of Rs.40,000/- from her father for purchasing a motor cycle. Her father could not pay the amount and therefore torture on Nabanita was increased. 12.6 PW. 7 stated, after about a year, torture upon Nabanita was started and Nabanita told him that Kanu assaulted her physically. 12.7 P.W. 10 stated that they (Kanu and Nabanita) lived peacefully for about one year as husband and wife. Kanu demanded Rs.40,000/- from his uncle (PW. 2) for purchasing a motor cycle but his uncle could not fulfill the demand, and as a result Kanu started assaulting his cousin Nabanita. 12.8 P.W. 11 stated that after marriage Nabanita used to visit her house and used to tell her that she was tortured by Kanu in the matrimonial home. Nabanita also told her that Kanu demanded an amount of Rs.40,000/-from her father but her father could not fulfill the demand and therefore Kanu used to assault her. 13. A bare reading of the above statements, makes it clear that all the witnesses, who are the parents, brother, sister and close relatives of the deceased, made parrot like statements, saying physical and mental torture on the deceased Nabanita by accused Kanu alone, for the reason that the demand of Kanu for Rs.40,000/- for purchasing a motor cycle was not fulfilled. Nothing stated about the manner and nature of physical and mental torture, alleged to have inflicted on Nabanita by the accused. The statements as reproduced above make it patently clear that those are omnibus statements made by the witnesses with a view to make out a case. No such story of demand of dowry was stated in the FIR. Nothing stated about the manner and nature of physical and mental torture, alleged to have inflicted on Nabanita by the accused. The statements as reproduced above make it patently clear that those are omnibus statements made by the witnesses with a view to make out a case. No such story of demand of dowry was stated in the FIR. No independent witness examined by the prosecution to show that actually such a demand was made by the accused and for non-fulfillment of the demand Nabanita was subjected to cruelty, both mentally and physically. The witnesses, however, stated nothing that any demand of dowry was made at the time of marriage. Therefore, it is very difficult to rely on such omnibus statements made by the relatives alone regarding the alleged demand and torture. 14. The next argument advanced by learned counsel, Mr. Biswas is that the deceased received 88% bum injury, and there is no evidence that she was mentally and physically fit to make a dying declaration. Only the relatives stated about the dying declaration. So, the alleged dying declaration, as narrated by the witnesses, cannot be believed and learned Sessions Judge committed a serious wrong relying on the dying declaration even in the absence of any certification by a Medical Officer. A dying declaration is, no doubt, a very important piece of evidence, which if proved, may be the basis to record conviction A dying man is unlikely to make a false statement before death to involve another for punishment falsely. At the same time, utmost care is necessary to scrutiny the evidence of dying declaration and to see whether the dying man actually made the statement or not and Whether those, who have become the witnesses, are reliable or not Learned P.P. has submitted that the witnesses are the relatives and naturally they rushed to the hospital after the incident and it is quite natural that the deceased would disclose her plight to her parents and relatives. So, their evidence cannot be disbelieved. 15. The incident occurred at about 11.30/12.00 pm of the night at Charilam in the house of the accused. She was brought to the hospital by the accused with the vehicle of P.W. 8. There is no evidence at what time they reached the hospital. So, their evidence cannot be disbelieved. 15. The incident occurred at about 11.30/12.00 pm of the night at Charilam in the house of the accused. She was brought to the hospital by the accused with the vehicle of P.W. 8. There is no evidence at what time they reached the hospital. It is in the evidence that accused went to the house of PW 2 during night time, brought a mosquito net and PWs 1 and 7 also accompanied him and they were in the hospital. The deceased died at about 8.00 am on 02.11.2003, which shows that the deceased survived only about eight hours after the incident. There is no evidence as to what was her physical condition, after receiving 88% burn injury before her death or, at least, when she was brought to the hospital. PW. 8 stated nothing that the deceased was in a position to speak while she was taken to hospital. The accused in his examination under Section 313 of Cr. P.C. denied the fact that the deceased made any dying declaration. The accused was all along there in the hospital, which is evident in the document that he signed the inquest report as a witness. PWs. 1, 2, 5, 6, 7, 10 and 11, all categorically stated that when they met the deceased in the hospital she told them that the torture on her made by her husband was unbearable, and therefore, she committed suicide. There is no medical evidence that the deceased was mentally and physically fit to make such a statement' after receiving the injury. PW. 9, the Autopsy Surgeon stated that he found no abnormality in the oral cavity of the deceased at the time of holding examination. She with 88% burn injury could speak. However, it would depend upon the condition of the patient, if at the time of admission the patient was found conscious, and that she could speak. A person may suffer delirium but that stage comes just before the state of unconscious. A patient may suffer delirium for other reasons also. There is no evidence as to who attended the deceased when she was brought to the hospital at night. There is also no evidence what was the treatment rendered to her. A person may suffer delirium but that stage comes just before the state of unconscious. A patient may suffer delirium for other reasons also. There is no evidence as to who attended the deceased when she was brought to the hospital at night. There is also no evidence what was the treatment rendered to her. In the absence of any evidence that she was physically and mentally fit to make a statement, it is very difficult to rely on the oral testimony of the relatives of the deceased regarding such a dying declaration. The alleged dying declaration is therefore doubtful and cannot be relied on. 16. Another important factor surfaced in the evidence on record that the deceased wanted to go to live with the accused at Jalandhar but the accused refused to take her and on that issue there was quarrel between the accused and the deceased. PW-3 stated that in the afternoon on the date of incident there was a quarrel between Kanu and Nabanita. A quarrel between husband and wife is nothing but an ordinary wear and tear in the family life. There is nothing in the evidence on record that any incident occurred which was suggestive of abatement for the deceased to commit suicide. The word, 'abatement' has been defined in Section 107 of IPC, and in order to prove the abatement of suicide even with the aid of Section 113-A of the Evidence Act, prosecution is to discharge its duty that there was torture on the deceased, gravity of which was of such an extent that she was dragged to commit suicide. It is an undisputed fact that the deceased wanted to go to Jalandhar with her husband to live with him but the accused refused to take her to Jalandhar for the illness of his parents or for some other reasons. This refusal of the accused to take the deceased to Jalandhar can in no way be termed as an abatement to commit suicide. P.W. 6 further stated that Nabanita felt pain when her husband refused to take her to Jalandhar. PWs. 5, 6 and 11 further stated that there was no physical relation between the accused and Nabanita. Had it so, the deceased would not ask the accused to take her to Jalandhar and live with him. P.W. 6 further stated that Nabanita felt pain when her husband refused to take her to Jalandhar. PWs. 5, 6 and 11 further stated that there was no physical relation between the accused and Nabanita. Had it so, the deceased would not ask the accused to take her to Jalandhar and live with him. This statement, perhaps, made because of utter love and affection for the deceased and hatred blossom in the mind of the witnesses against the accused. The allegation that the accused did not allow Nabanita to go to her parents house on the days of Puja cannot also be treated as an unnatural behaviour of the accused since the accused came from his service place at Jalandhar and naturally he would want to stay with her during Puja days. PW. 8 stated that at the time of Puja, his vehicle was hired by the accused and they went out to enjoy the Puja. DWs, who were close neighbours of the accused, stated that they used to visit the house of the accused, and at no point of time the deceased made an allegation that she was subjected to torture by her husband or any other members of the family. 17. Under the circumstances, the entire prosecution story is shrouded with suspicions. Learned trial Judge, as it appears, failed to appreciate the evidence in its proper perspective and wrongly arrived at a conclusion of guilt of the accused. The accused is in custody from the date of judgment i.e. from 08.08.2005, and as such he is in custody for more than seven and half years, and thereby he has already suffered maximum part of punishment inflicted on him. 18. The appeal is accordingly allowed. The judgment and order of conviction and sentence passed by learned Sessions Judge is hereby set aside. The accused appellant, if in custody, be set at liberty at once. Send back the L.C. record along with a copy of the judgment. Appeal allowed.