RATHINDRANATH SANYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is for quashing of a proceeding being S.C. No. 32(12) of 1996 arising out of G.R. No. 4247 of 1992.

(2.) Baranagar Police Station Case No. 350/92 dated 24.10.92 was started on the basis of a complaint lodged by one Pradyut Kumar Chakraborty father of the victim Swapna with the officer-in- charge of Baranagar police station alleging that he gave his daughter in marriage with the petitioner No. 1 and the said marriage was solemnized on 8.6.91. It was alleged that his daughter Swapna Sanyal was not happy in her matrimonial home due to discontentment between the victim Swapna and her husband and other in-laws. It was also alleged that the informant used to visit the matrimonial house of his daughter with a view to settle their disputes. It was alleged that the family members of the said house always insisted his daughter to commit suicide in various ways. Swapna was subjected to torture and ill-treatment, as a result of which on 18.7.92 she took acid. Later on she was removed to Dream Land Nursing Home and after little improvement she was shifted to SSKM hospital for treatment but on 23.10.92 Swapna expired in the said hospital due to that reason. It was further alleged that the victim Swapna made some statements before the police personnel and doctors that she took poison as she was mentally upset in her husband's house due to dissatisfaction with her husband in their conjugal life. The informant, the father of the victim, strongly suspected that due to torture inflicted upon Swapna Sanyal by her husband and other in-laws she committed suicide. On completion of investigation charge-sheet was submitted by police and charge was framed against the petitioner under section 498A/306 of the Indian Penal Code.

(3.) The learned Advocate appearing for the petitioner submits that there is absolutely no material in this case to connect the present petitioners with the alleged offence. The learned Advocate further submits that from the statements recorded by police under section 161 of the Code of Criminal Procedure it appears that Swapna committed suicide as she was not satisfied with her husband. I have carefully gone through the impugned order, the statements recorded by police under section 161 of the Code of Criminal Procedure and also other connected papers which are annexed to this revisional application and I am of the opinion that the learned Additional Sessions Judge was not at all justified in framing charge against the accused persons. It appears that the victim took poison on 18.7.92 and she died on 23.10.92 and during this long period of about 3 and half months she resided both at matrimonial home and also at her father's house. During this period said Swapna made statement before the police officer of Shyampukur police station on 19.7.92 giving a separate story wherein she did not implicate her husband or any other in-laws. In her statement she did not disclose any mental or physical torture upon her by the accused petitioners. Rather it was stated in the said statement that her parents arranged marriage with the petitioner No. 1 against her will. It was further stated by Swapna that at her in-laws house she tried to develop some love affairs with her brother-in-law (Debar) and she wanted to live together with her brother-in-law. When brother- in-law did not agree with such proposal she took poison. Admittedly the victim took poison on 18.7.92 and after a long delay of about three and half months the FIR was lodged on 4.10.92. I have carefully gone through the statement recorded by police under section 161 of the Code of Criminal Procedure. It appears that the first statement of victim Swapna was recorded by police on 19.7.92, i.e. immediately after she took poison. Such statement of the victim was recorded in presence of Dr. S.K. Ghosh who attended the victim in the hospital. In the said statement Swapna did not implicate none of the petitioners. She also did not state that she was ever subjected to torture or ill- treatment by her husband or other in-laws. On the contrary it appears from the said statement that the marriage was arranged by her father against her will and she was not at all satisfied with her husband, for which she committed suicide. The next statement of the victim Swapna was recorded by police under section 161 Code Criminal Procedure on 20.7.92, when also she a did not implicate any of her in-laws. Such statement was recorded in presence of Dr. R.K. Biswas. In the other statements of the witnesses recorded by police under section 161 Code Criminal Procedure I do not find any material against the present petitioners. There is absolutely no allegation of torture and/or ill-treatment against the petitioners. But on the contrary it becomes evident from the statement of the victim as also the other witnesses that Swapna committed suicide because she was not satisfied with her husband and she had love affair with her brother-in-law Swapan. When she was refused by Swapan, her brother-in-law, she committed suicide by taking acid. From the impugned order also it appears that on 14.4.93 the I.O. recorded the statement of the mother of the deceased under section 161 Code Criminal Procedure wherein it was recorded that the victim took poison on 19.7.92 and she was still under treatment at Dreamland Nursing Home, although the victim died on 20.10.92. All these things were taken into consideration by the learned Judge and the learned Judge was also of the view that all the statements of the material witnesses under section 161 Code Criminal Procedure appear to be confusing but in spite of that he framed charges under sections 498A/306 of the Indian Penal Code.