NUNA PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ANJU (alias) Guddi was married to Nakuleshwar on June 29, 1999. Since after marriage, Nakuleshwar and his other members of the family subjected ANJU to physical and mental torture. On June 24, 2000, Nakuleshwar informed Nuna Pal, the sister of ANJU, that ANJU had fallen down and had been taken to nursing home in a serious condition. He later on informed that ANJU had been taken to Kharagpur State Hospital, where she had found her sister dead at the emergency. She lodged a complaint at the Police Station. ANJU was in the family way for six months before her death. According to Nuna, she had firm belief that ANJU had died due to mental and physical torture by her inlaws. According to Nuna, ANJU used to tell her that Nakuleshwar was in the habit of coming home late at night and having illicit relationship with another woman. The Police initiated a case under Section 498A read with Section 304B/ 34 of the Indian Penal Code against Nakuleshwar and other inmates of the house being his mother, two sisters and others. On completion of the investigation, the Police issue a charge sheet implicating altogether seven accused who faced trial after pleading innocence. The learned Magistrate framed the charges under Section 498A read with Section 304B / 34 of the Indian Penal Code and in the alternative, Section 302 / 34 thereof. The accused in their examinations under Section-313 stated that ANJU had fallen down in the bathroom. She had been beaten up in her paternal home by her eldest brother, on the issue of registration of an immovable property.

(2.) ACCORDING to them, Anju was physically weak as she was carrying child in the womb.

(3.) PW- 8, Autopsy Surgeon found injuries on the person of the victim. After examining the F.S.L Report he finally opined that the cause of death was injury mentioned in the Post Mortem Report. In cross-examination, he admitted that the injury could be out of heamatoma being caused in case of the scalp coming in contact with any blunt object. PW-11, the brother of the victim was also consistent with her mother on the dowry. He also supported the case of transfer of room in favour of Anju by her mother. At the time of inquest PW-11, however, complained that there had been dowry demand for Rs. 80,000/- out of which 10,000/- had been paid.