TARUN PATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 28/11/2018 passed by the Learned Assistant Sessions Judge, Haldia rejecting the prayer for discharge of the petitioners in S.C. 31(05)17 arising out of Sutahata Police Station Case No. 464/16 dtd. 22/10/2016 under Ss. 417/420/306/34 of the Indian Penal Code which ended in Charge Sheet No. 482/16 dtd. 19/12/2016 under Ss. 306/34 of the Indian Penal code corresponding to G.R. No. 1721/16.

(2.) The petitioner's case is that one Maya Maity lodged a Written Complaint before the Officer-in-Charge, Sutahata Police Station on 22/10/2016 alleging that her daughter Sucharita Maity aged 22 years was a student of Meghnath Saha Polytechnic College at Haldia. Sucharita came in contact with Avijit Patra @ Arun Patra. Subsequently their intimacy developed into a love affair. Avijit with the assurance of marriage took her daughter to various places and cohabited with her on several occasions. Avijit also withdrew cash from the account of her daughter. Her daughter then came to know that Avijit wanted to marry Swati. Then the defacto-complainant along with Sucharita went to the house of Avijit to settle their marriage in presence of Avijit, his parents and cousins of Avijit. They agreed to the proposal of marriage but only after certain clinical test of Avijit and Sucharita. Accordingly blood test was conducted.

(3.) On 20/10/2016 Sucharita went to the house of Avijit. Avijit told her that his parents and cousins did not accept the proposal of their marriage. Avijit told her that he did not love her and that he will marry Swati. He instigated her to commit suicide by taking poison or hanging. Sucharita returned home and narrated the incident to the defacto complainant (her mother). Thereafter on 21/10/2016 (early morning, next day) at about 1.00 a.m. to 1.30 a.m. at night her daughter committed suicide by taking poison (within few hours of visiting). Her daughter wrote four letters prior to her death, out of which one may be considered as suicidal note. Her daughter alleged that the accused persons named in the F.I.R. were responsible for her death. Thus the present case was started.