STATE OF WEST BENGAL Vs. ORILALJAISWAL

JUDGEMENT

(1.) This appeal has been preferred by the State of West Bengal against the judgment of acquittal dated May 14, 1990 passed by the Division Bench of the Calcutta High Court in Criminal Appeal No. 195 of 1990. By the aforesaid judgment, the conviction and sentences against the accused, Sri Orilal Jaiswal and his mother, Smt. Gujarati Debi Jaiswal, passed by the learned Sessions Judge, 12th Bench of the City Sessions Court, Calcutta on February 29, 1990 in Sessions Trial No. 1 of 1990 was set aside by the High Court and the accused were acquitted of the conviction under S. 306 read with S. 34, IPC. and sentence of 5 years' rigorous imprisonment and fine of Rs. 1000/- in default simple imprisonment for 3 months and conviction under S. 498A read with S.34, IPC and, sentence of one year rigorous imprisonment, and a fine of Rs. 1000/- in default to suffer simple imprisonment for three months.

(2.) The brother of the deceased, Om Parkash, however, made it statement in the police station that his sister had been murdered but his statement was not treated as FIR. The next day, namely, on April 20, 1986, the mother of the deceased made a statement before the police which was recorded and treated as FIR.

(3.) It transpires from the post mortem report that signs of death by hanging were present and according to the doctor conducting the post mortem examination the deceased had died due to hanging. The doctor also noted a few marks of abrasions on the cheek and also on the other parts of the body which according to the doctor were ante mortem in nature. On being questioned at the time of deposition the doctor had also stated that the mark of injury on the cheek of the deceased was likely to be caused by a slap and other injuries were also likely to be caused by fist and blows. The doctor, however, stated on being cross-examined that such injuries could also be caused if the deceased has dashed against a hard substance and the injury on the neck could be caused by the friction of the nylon rope.