BISNUPADA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) FACTS :- Santana Dutta of Mouza Ramaipur Police Station, Burdwan, District- Burdwan was married to Ashok Dutta alias Bikash Dutta of the same village on Jaistha 24, 1398 B.C. Santana and Bikash had love affairs. The family of Santana was initially not agreeing to the marriage proposal. However, on the insistence of Santana, they agreed. The marriage was solemnized according to Hindu Rites. Dowry amounting to rupees thirty thousand in cash and gold ornament weighing ten Bhories along with other gifts, were given in the marriage. The in-laws family consisted of Bisnupada Dutta, father in law being the Appellant no.1, Swapna Gupta, the sister in-law being the Appellant no.2, Bikash Dutta, the husband and mother in-law. During her stay at her matrimonial home, she was subjected to torture by Bikash, Swapna and Bisnupada. They used to misbehave with her. Just three days before the marriage an additional demand of rupees five thousand was made which the parents of Santana could not fulfil. The in-laws also did not like the gifts given by the parents of Santana. On that issue they used to torture her. The parents also could not give the steel almirah as per the demand. Bikash was a drunkard. He used to sell the ornaments for such purpose. The parents of Santana made a complaint to the local Panchayat. They also approached the in-laws and requested them to behave properly, but in vain. On 14th Aghran she came to her parental home on the occasion of 'Nabanna'. She was very much purturbed. She narrated her miseries in her parental home. Few days after, Santana died an unnatural death at her marital home on December 26, 1991. An empty bottle of poison was found near her dead body. She had injuries on her lip. Santana's paternal house and maternal home were within the distance of two minutes walking, even then the in-laws did not inform the parents about the unfortunate incident. One Siddeshwar Dey informed Burdwan Police Station over telephone. Police came to the spot and sent the dead body for Post Mortem Examination after holding necessary inquest. Biswajit Hazra,PW-1, the brother of Santana lodged a written complaint inter alia accusing the in-laws including the husband charging them for being responsible for the death of her sister. The Police carried out the investigation. The Police also arrested the accused being Bishnupada Dutta, Bikash Dutta as well as Swapna Gupta and charged them with the offence committed under Section 304B read with Section 498A of the Indian Penal Code. Post Mortem doctor kept his opinion reserved awaiting Chemical Analysis Report of the Viscera. The doctor however found injuries appearing on the dead body. All the three accused pleaded not guilty and opted to be tried.

(2.) EVIDENCE :- PW-1 (Biswajit Hazra) :- The witness was the unfortunate brother of the victim Santana. He supported his complaint. Santana was elder than him. In cross-examination, Biswajit stated that Bikash had no employment at the time of marriage. He was unable to produce any document in support his claim for payment of dowry. He also admitted having not mentioned in the FIR about the demand of dowry by the accused. He also admitted having not stated in the FIR that Santana had come to their house on the day of 'Nabanna'. He told these facts to the Police subsequently. Bikash was habitual drunkard. The witness initially did not agree to give marriage. He however stated that it was his impression that either Santana had committed suicide or she had been murdered by the inmates of her matrimonial home. He also stated that he had come to know that there had been miscarriage by Santana. He further stated that he had not found any mark of injury on the dead body. PW-2 (Sudhir Kumar Mondal) :- Being the resident of Ramaipur, Sudhir knew Santana. He was a school teacher and Panchayat Pradhan on the relevant date. Time to time, Biswajit and his mother made complaint about Bikash on the issue of discord between the couple. On the fateful day in the morning, the village Chowkidar informed him that Santana had expired after committing suicide. In crossexamination, the witness stated that he had informed the Burdwan Police Station by sending written information through the local Chowkidar. The witness was not aware of any miscarriage. PW-3 (Muktipada Mondal) :- The witness was also a villager belonging to the same village. He was a seizure witness. PW-4 (Haranbala Hazra) :- The witness was the mother of Santana. She also confirmed that the couple had love affairs before their marriage. Swapna used to torture Santana mentally. Santana was not given proper food or clothing. Bikash used to demand articles from her and assaulted Santana in inebriated condition. Santana died seven/eight months after marriage. The Police interrogated the witness after the death of Santana. The witness was also not happy on the love affair of the couple. However, Santana insisted for marriage. The witness was not happy because she knew that Bikash was not a good person. She also confirmed about Santana's miscarriage. During cross-examination, she confirmed about torture by Swapna. She also confirmed that there was no injury on her person. She however denied the suggestion that no torture was done. She asserted having informed the Panchayat about the torture contemporaneously. PW-5 (Bikash Mondal) :- Witness did not belong to the same village. He was staying at Sanpur,3 / 4 k.m. away from Ramaipur. He also confirmed that Ashok alias Bikash was addicted to wine and used to physically assault Santana from to time. Swapna also committed mental torture. Bisnupada used to pinch her on the matter of dowry articles. Bikash used to assault Santana in case he did not get money for his drink. The witness found the dead body of Santana on a cot in the second floor of her marital home. Police held the inquest. The witness signed the same. In cross-examination he disclosed that he was a graduate. He knew Bikash before his marriage with Santana when the talk of marriage was going on. He came to know about the love affairs. The witness was not happy as Bikash was not a good person. He also stated to the Police that Swapna used to torture Santana mentally. PW-6 (Samir Mondal) :- The witness was also a villager. He found Santana dead in the house of the accused. The witness heard from PW-1 that her sister was subjected to torture in her maternal home by her in-laws. PW-7 (Dharanidhar Dutta) :- The witness being another villager stated that he did not know how Santana had died. The witness was declared hostile. In cross-examination, he stated that Santana had love affairs with Bikash before marriage. Bisnupada and his son were employed in Police Administration. He was also a party to a masspetition relating to death of Santana. He was the President of the village committee. Neither Santana nor her relatives ever filed any complaint to the Village Committee. PW-8 (Mrittunjoy Dey) :- The witness was the brother in-law of Santana. Swapna lodged false complaint against Santana to her husband and instigated him to assault Santana. Bikash used to assault Santana when she could not give any money for drinks. On the fateful day, Bisnupada went to his house and requested him holding his feet to save him from the crisis. He also confirmed having sent a mass-petition by the villagers. The witness was also not happy with the marriage. However he ultimately agreed as Santana had no objection to the same. He also confirmed Bisnupada being a member of the Armed Police Force. He also stated to the Police that Bisnupada had requested him to save him from the crisis. PW-9 (Sidheswar Day) :- The witness was the elder brother of Mrittunjoy. He corroborated his brother Mrittunjoy. He also confirmed that Bisnupada had come to their place to surrender before Mrittunjoy. The witness informed the Police Station over telephone. He also stated to the Police that Santana had told him about her sorrow affairs. He however did not make any written complaint. He also told the Police that in-laws had been demanding money from Santana. PW-10 (Rabindra Nath Karmakar) :- The witness was the Reader in the Department of Forensic and State Medicine, Burdwan Medical College and Hospital. He performed the post mortem examination on the dead body of Santana. According to him, no external or internal injury could be detected. He however found deep blue fluid with mucus weighing about 150 grams with peculiar smell in the column of heart. He reserved his opinion awaiting receipt of the Chemical Examination Report. Taking into consideration the Post Mortem Report and the Chemical Analysis Report, he ultimately opined that the death was due to effect of quinalphos poisoning, ante mortem in nature. He proved the subsequent report of Dr. Saibal Gupta, whose signature he was acquainted with. PW-11 (Sunil Sarkhel) :- The witness being the Constable posted at Burdwan on the relevant date identified the dead body to the Autopsy Surgeon. PW-12 (Partha Sarathi Konar) :- The witness, being a co-villager, stated that he had written down the complaint as per instruction of Biswajit being PW-1. It was read over to Biswajit when he put his signature. PW-13 (P.C. Sarkar) :- The witness was the Sub-inspector of Police then posted at Burdwan. He received the telephonic message from Siddheswar Dey being PW-9 and recorded the G.D. Entry. PW-14 (Braja Gopal Roy) :-- The witness was also a Sub-inspector of Police posted at Burdwan Police Station on the relevant date. On receipt of the telephonic information, he rushed to the place of occurrence. He prepared the inquest, as also received the written complaint from Biswajit. He carried out the investigation and seized one Tin Box. He also examined some witnesses and recorded their statements. He arrested Bikash and Swapna on the spot. Bisnupada was absconding at that time. He recorded the statement of Sudhir Kr. Mondal being PW-2. According to him, Sudhir had not stated to him that he had talked to Biswajit and his mother on the affairs of the deceased. Similarly, he denied of any statement of Muktipada Mondal PW-3 made to him with regard to the information of Santana's death. He also denied that Muktipada had not stated to him about the strained relation between Santana and Bikash. He also denied the statements referred to hereinbefore being made by PW-4, 5, 6 and 7 to him as asserted by the respective witnesses at the time of trial. PW-15 (Gour Mukherjee) :- The witness was another Sub-inspector who took up the investigation at a later stage. He collected Chemical Examination Report as well as Post Mortem Report and subsequently submitted charge sheet. PW-16 (Saibal Gupta) :- The witness was the Professor and head of the Department Forensic and State Medicine, North Bengal Medical College and Hospital. He proved his final Post Mortem Report. According to him, the cause of death was due to the effect of quinalphos and organo phosphorus compound poison, ante mortem and suicidal in nature. The doctor also stated that in case this poison would get mixed with any drink and any person took it accidentally it might cause death and in such case it would be 'accidental'.

(3.) APPEAL :- Bikash preferred appeal being CRA 259 of 2002 whereas Bisnupada and Swapna preferred a separate appeal being CRA 257 of 2002.