ASHIM KHATUA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The unfortunate victim Smt. Sulekha was married to the accused Asim Khatua in 1994. She gave birth to a female child in or about 1996. There was no problem for about two years after the birth of the child. In 1997, Asim started torturing Sulekha on one pretext or the other. He was suspicious about alleged extra marital relationship Sulekha had with his brother Arun. On this issue there had been constant feud between the couple followed by torture by the husband, ultimately Sulekha died an unnatural death. As per the complaint lodged by Sulekha's father Mohan Chandra Saha, PW-7, Ashim killed Sulekha with the help of door stick (Khil), a blunt substance injuring Sulekha on her head, chest and face. As per the medical evidence head injury was the cause of the death.

(2.) As per the complaint, Sulekha, during her life time, used to complain about torture committed by Asim on the allegation of illicit relationship she had with Arun. The family members tried their best to settle the dispute between the couple but in vain. Even the in-laws used to make complaint about Asim for the torture. On July 25, 1994 at about 12:30 p.m. Samar Khatua, the elder brother of Asim visited the house of Mohan and informed that Sulekha had died. Mohan being accompanied by Bhanupada Saha, Mantu Bishoyee and others visited her in-law's place and found Sulekha lying dead on the floor of her bedroom. Her entire body from head to leg was covered with the printed cotton saree which she was wearing and Ashim was sitting next to the deadbody. On inquiry Asim admitted that last night he had quarrel and thereafter he struck Sulekha with a wooden bar used for closing door on the head, face and chest and as a result Sulekha died.

(3.) Asim was arrested and chargesheeted under Section 498-A and 302 of the Indian Penal Code. He pleaded innocence and faced trial.