DHARMA DAS BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 397/401 read with Sec. 482 of the Code of Criminal Procedure for quashing a charge sheet being Bishnupur Police Station charge sheet No. 84 of 2013 dtd. 10/8/2013 for commission of offence punishable u/s 498A/304B/34 IPC arising out of Bishnupur Police Station Case No. 19 of 2012 pending before the Learned Additional Chief Juditial Magistrate Bishnupur, Bankura being GR Case No. 154 of 2012.

(2.) The brief fact of the case is that the present OP No. 2 lodged a written complaint on 22/2/2012 to the IC Bishnupur Police Station containing inter alia regarding the Dowry Death of his sister-in-law. The marriage between Sister-in-law of respondent No. 2 and one Niladri Bose was solemnised on 27/7/2007. It was alleged that at the time of marriage sufficient amount of dowry was given as per demand but immediately after the marriage the husband and in-laws inflicted torture upon the victim both physically and mentally on the demand of further dowry of Rs.-50,000/- When their demand was not fulfilled she was driven out from her matrimonial home. On 21/2/2012 at about 17.00 hours when no one was there at her parental house, she committed suicide by setting herself on fire. On the basis of that written complaint Bishnupur Police Station Case No. 19 of 2012 dtd. 22/2/2012 was started u/s 498A/304B/34 IPC against the husband and in-laws. The investigation of the police ended in charge-sheet. Hence this revision for quashing the charge sheet.

(3.) Learned Advocate appearing for the petitioner submits that the present petitioners are the brothers of the husband of the victim. They further submitted before this court that the petitioners never demanded any money from the parents of the victim nor they inflicted or instigated any kind of torture upon the victim at any point of time. It is positive case of the petitioners that due to job purpose, they could not able to visit their native place more than once in a year but still the investigating officer implicated themselves as accused in connection with the instant case. They further submits that the present petitioner are totally innocent and they were never involved in day to day alleged torture whether physically or mentally upon the victim. It is the argument of the Learned Advocate appearing for the petitioner that the investigating officer without conduct a proper investigation submitted charge sheet and wherein the present petitioners were arrayed as an accused being only the in-laws of the victim. It is the case of the petitioner that the matrimonial house of the victim was at Bishnupur, Bankura but the present petitioner were residing at New Delhi and Calcutta respectively in a separate mess. They have no connection regarding day to day family affairs of the victim and her husband. So, the petitioners prayed for quashing the charge sheet against them.