UTTAM SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under sec. 401, read with sec. 482 of the Code of Criminal Procedure, 1973 is directed against order dated 09.01.2020 passed by Learned Additional Sessions Judge, First Track Court-II, Howrah, whereby the petition dated 06.01.2020 filed by the petitioners under sec. 311 of code of Criminal Procedure in connection with Sessions Trial No. 205 of 2012 was rejected.

(2.) Petitioner no. 1 is the husband of petitioner no. 2, who are facing trial in S.T. No. 205 of 2012 under sec. 498 A/ 306/ 302 of the Indian Penal Code.

(3.) In brief, the prosecution case is that Papia Saha the daughter of defacto-complainant Swapan Kumar Sen was married to Haradhan Saha in the year 1995. Initially the defacto-complainant and his family did not recognise the marriage between the Papia and Haradhan Saha as it was an outcome of a love affair. The paternal family accepted the marriage after 7 to 8 months. Papia gave birth a son and a daughter and lived in her husband 's house along with petitioner no. 1 the elder brother of the husband, petitioner no. 2 the sister-in-law and Gitabala Saha, her mother-in-law. After passage of time the husband, petitioners and the mother-in-law subjected Papia to physical and mental torture on demand of dowry. On 10/12/2011 the defacto-complainant received an information from his granddaughter that Papia was set ablaze inside a room and rushed to their house. Papia was rescued and admitted at CMRI Hospital Calcutta where she breathed her last on 14/12/2011. Over this incident a police case was started against the husband and inmates of the matrimonial house deceased Papia Saha, where the petitioners are facing trial.