RAKHAL DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The first accused is the appellant. The appellant was proceeded against for offences under Sections 306 and 498A of IPC. The Trial Court acquitted the appellant and by the impugned order, the High Court while reversing the judgment of the Trial Court found the appellant guilty on both the charges and imposed the sentence of imprisonment of 10 years and also a fine of Rs.10,000/-, in default to suffer further one year rigorous imprisonment for the offence under Section 306 of IPC. He was also sentenced to suffer rigorous imprisonment for three years apart from fine of Rs.10,000/-, in default to suffer further rigorous imprisonment for one year for the offence under Section 498A of IPC. Both the sentences were directed to run consecutively. The High Court thus partly allowed the appeal of the State. The acquittal of the second accused, however, was confirmed by the High Court.

(2.) The case of the prosecution was that the appellant got married to the deceased Krishna as per Hindu rites and customs on 22.04.1987. The unfortunate incident of the death of the deceased Krishna occurred on 26.05.1987 when she was admitted to SSKM Hospital with severe burn injuries at 08.35 a.m. and she was declared dead at 08.37 a.m. In the hospital register it was noted by the doctor-P.W.19 that as per the statement of the appellant at 07.35 a.m. in the morning while the deceased was preparing tea and bread in the kitchen of the house she got burnt of the burning stove. However, according to the prosecution shortly after the marriage the appellant demanded a sum of Rs.40,000/- from the father of the deceased Krishna for the purpose of his business which was declined, that upset by the declining of his demand by the father of the deceased the appellant stated to have retorted then that he knew how to collect the money from his father-in-law through his wife, and that thereafter on 22.05.1987, the appellant pledged the jewels of deceased Krishna for a sum of Rs.11,000/-. The deceased Krishna was also stated to have been nurturing a grievance against the appellant about his illicit contacts with the second accused Anima who was none other than the niece of the appellant. The prosecution filed its final report before the Trial Court and, thereafter, the charges under Sections 306 and 498A of IPC were leveled against the appellant.

(3.) Learned counsel appearing for the appellant while assailing the judgment of the High Court submitted that the postmortem doctor-P.W.15 stated that he was not able to come to any definite opinion as to whether the death was homicidal, suicidal or accidental. Therefore, the main ingredient for the alleged offences against the appellant was not established by the prosecution. Learned counsel then contended that the whole case was based on circumstantial evidence and that there was no circumstance to link the appellant with the death of the deceased. Elaborating his submission learned counsel contended that none of the ingredients for the offences under Section 306 as well as 498A of IPC was demonstrably placed before the court below by the prosecution and, therefore, the conviction and sentence cannot be sustained. He further contended that FIR was based on the complaint of P.W.3 which was not written by him, that the version of P.W.3, who was the father of the deceased, did not in any way disclose any factor or even remotely suggest that there was any abetment on the part of the appellant for the deceased to commit suicide. The learned counsel therefore contended that the acquittal made by the Trial Court was a well considered judgment and the interference with the same by the High Court was not justified. The submission of learned counsel for the appellant was that there was no evidence for abetment nor was there any evidence to show that the appellant caused any cruelty to the deceased in order to convict the appellant for the offences falling under Sections 306 and 498A of IPC.