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2020 DIGILAW 73 (CAL)

Debananda Panigrahi v. State Of West Bengal

2020-01-17

JAY SENGUPTA

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JUDGMENT Jay Sengupta, J. - This is an application challenging the order dated 13th February, 2017, passed by the learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas, arising out of GR Case No.3049 of 2016. 2. Affidavit of service filed on behalf of the petitioner is taken on record. Despite service, no one appears on behalf of the private opposite parties. 3. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the de facto complainant of the case and is the brother of the victim/deceased. In 2016, the petitioner lodged a First Information Report against the private opposite parties alleging that they had set her sister on fire and she was fighting with death in a hospital. The FIR was registered under sections 307, 326, 498A of Penal Code and 3/4 of the Dowry Prohibition Act and later on, section 302 of the Penal Code was added after the victim passed away. Investigation done in this case was motivated as would be evident from the fact that even though the death took place after about fifteen years of marriage, the Investigating Officer submitted charge sheet under section 304B instead of under section 302 of the Penal Code. Several relevant witnesses were not examined including the victim's parents. The victim's father, Rabindra Nath Panigrahi, was the one to whom the victim had made an important phone call about torture inflicted by the accused sometime before the incident. Even the mother of the victim, Sachirani Panigrahi and her two cousin sisters, Tapashi Choudhuri and Tanushree Misra (nee Panigrahi), to whom the victim had narrated about her sufferings in the matrimonial home were not cited as witnesses. Although the charge sheet was submitted under lesser sections, during the pendency of the revision, the learned trial court was pleased to frame charges under sections 302, 304B, 307,326, 498A read with section 34 of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is true that the learned trial court was kind enough to properly assess the materials on record and frame a charge under section 302 of the Penal Code. However, the trial of the case would not be complete without the examination of relevant witnesses like the parents and the two cousin sisters of the victim/deceased. To that effect further investigation is required to be done. However, the trial of the case would not be complete without the examination of relevant witnesses like the parents and the two cousin sisters of the victim/deceased. To that effect further investigation is required to be done. As the stay granted in this revision had lapsed, the learned trial court proceeded with the matter and the charges were framed. A schedule has been fixed for examination of the witnesses. 4. Learned counsel appearing on behalf of the State submits as follows. It will indeed be in the interest of justice that the parents and other relevant witnesses be examined to find out the real truth. However, this can also be done by calling them as witnesses during trial. Several other materials have been collected, which make out a prima facie case against the accused for which charges have already been framed against them. 5. I have heard the submissions of the learned counsels appearing on behalf of the parties and have perused the revision petition. 6. The charge sheet and the accompanying documents clearly make out a case against the accused for which the charges have already been framed by the learned trial court. 7. Deleting the charge under section 302 and instead putting section 304B of the Penal Code as the only charge in this respect is a serious irregularity committed by the Investigating Officer during investigation. 8. But, a direction for further investigation at this stage would only further delay the proceeding. 9. The purpose of justice will be served if such relevant witnesses like the parents of the victim and her two cousin sisters are permitted to be examined as witnesses during trial. 10. In the interest of justice, I dispose of this revisional application by directing that the learned trial court shall summon and examine the relevant witnesses like the parents and the two cousin sisters of the victim during trial. A learned Advocate engaged by the de facto complainant may be permitted to assist the learned Public Prosecutor during trial. The learned trial court is also requested to conclude the proceeding as expeditiously as possible. 11. Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon usual undertakings.