NIRMAL KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been filed by the petitioners under sec. 401 and 482 of the Code of Criminal Procedure, 1973 praying for quashing/ setting aside of order dtd. 24/8/2011 passed by Learned Additional District and Sessions Judge, 3rd Court, Darjeeling in sessions Case No. 53 of 2006 arising out of Darjeeling Sadar Police Station Case No. 93 of 2005 dtd. 22/1/2005 under sec. 498A/326/306/511/341 of the Indian Penal Code and sec. 3/4 and Dowry Prohibition Act.

(2.) In the brief, fact of the case giving rise to the revisional application is that over the death of Manu on 22/11/2005. Her father, opposite party no. 2 lodged a complaint before the officer-in-charge, Sadar Police Station, Darjeeling alleging that on 7/3/2002 Manu was marriage to petitioner no. 1 and at the time of marriage gold and silver ornaments, cash, clothes, furniture and other items had been given to the deceased at dowry. After six to seven months from the marriage, opposite party no. 2 received complains from the matrimonial family of Manu regarding insufficiency of dowry articles. The opposite party no. 2 tried to resolve the matter with the petitioners. Subsequently, Manu was subjected to physical and mental torture and petitioner no. 2 declared that she would get petitioner no. 1 remarried. Two days prior to Diwali that year, petitioner no. 1 called Manu 's father and asked him to take back his daughter but opposite party no. 2 tried to explain the situation to petitioner no. 1.

(3.) On 20/11/2005, Manu informed the opposite party no. 2 that a quarrel was going on in the matrimonial family and she was apprehending that anything might happen to her. The opposite party No. 2 advised Manu to adjust herself and told her that he would come and hold talks with the matrimonial family members. However, on 20/11/2005 at 12:30 P.M the petitioner no. 1 called Manu 's father and informed that Manu had suffered burn injuries. Opposite party no. 2 rushed from Raxaul and reached Darjeeling at 9:30 A.M on 21/11/2005. He found Manu had suffered 90-95% burn injuries on her person. The opposite party no. 2 alleged that after being assaulted Manu had been burnt by the petitioner. On the basis of a complaint lodged by the father of the deceased Sadar Police Station Case No. 93 of 2005 dtd. 22/1/2005 was registered under sec. 498A/326/306/511/34 of the Indian Penal Code and sec. 3/4 of the Dowry Prohibition Act.