STATE OF WEST BENGAL Vs. BINOD KUMAR SHAW

JUDGEMENT

(1.) This appeal is directed against a judgment dated 28 th February 2006 passed by the learned Additional Sessions Judge, Fast Track 3 rd Court, Sealdah, in Sessions Trial No.2 (12) of 2005 corresponding to Sessions Case No.5 (11) 2005 (State of West Bengal vs. Binod Kumar Shaw and two others) by which the learned Trial Court acquitted the accused persons of the offences punishable under Sections 304B/498A/406 of the Indian Penal Code read with Section 34 thereof. The State has preferred this appeal. The facts and circumstances of the case briefly stated are that within four years of marriage Santra Shaw, aged about 23 years, mother of a male child aged less than two years, died and her dead body was recovered from a pond near her matrimonial home on 27 th February 2004. A written complaint was lodged instantaneously at the place of occurrence alleging, inter alia, continuous torture, both physical and mental, by the husband and the parents-in-law, due to failure on the part of the party of the complainant to give them a jeep agreed to be given at the time of marriage. The case of defence is that the victim was a patient of paranoid schizophrenia and was prone to commit suicide.

(2.) Mr. Sanyal, learned Advocate appearing for the State took us through the evidence, both oral and documentary, and contended that the learned Trial Court ignored the relevant evidence; disbelieved the witnesses on trivial or no ground, demonstrated utter lack of judicial scrutiny into the evidence adduced by the parties; imputed motives to the witnesses, insincerity to the police and recorded the order of acquittal which no one properly instructed in law exercising power judicially would have done.

(3.) Mr. Biplab Mitra, learned Advocate appearing for the de facto complainant adopted the submissions of Mr. Sanyal and added that gross miscarriage of justice was occasioned by the impugned judgment and order.