DEBASISH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 10.1.2011 passed in S.T No. 148 of 2009 by the learned Additional District and Sessions Judge, Fast Track Court -II, Howrah, convicting the appellant under Section 302 Indian Penal Code and sentencing him to undergo imprisonment for life with fine of Rs. 2,000/ - and in default, 2 (Two) months of simple imprisonment. The period already undergone was directed to be set off.

(2.) ON 17.2.2008 at about 8:45 A.M. one Mahananda Das made a written report before the Officer -in -Charge, Bantra P.S, Howrah in relation to an occurrence alleged to have taken place on 16.2.2008 at about 7 P.M. whereby and whereunder while naming this appellant and his mother Smt. Chaya Ghosh and one Sibani Ghosh (Ray) (sister -in -law of the deceased) as accused, he made the following allegations: - It was stated that the elder daughter Manisha Das (Ghosh) was married to the appellant Debasish Ghosh in the month of April, 2002. The informant 's daughter, at the relevant time, was a student of Tarasundari Girl 's School of Kadamtala. She had fallen in love with the appellant and since the affair continued for some time, the appellant himself met the informant and requested him to give his daughter in marriage to him. Initially the informant did not agree but as proposals started coming more often, he agreed after discussing the same with his family members. In the month of April 2002, the marriage was solemnized under Hindu rites and customs. Since the marriage, his daughter 's husband, Debasish Ghosh (the appellant), the daughter 's mother -in -law (Chaya Ghosh) and the daughter 's sister -in -law (Sibani Ghosh) tortured the deceased creating pressure and demanding various things like steel almirah, bed, show case and clock and also asked several times to bring cash money. Though the economic condition of the informant was not very good, but, he nevertheless met some of the demands after borrowing money but, for not meeting all their demands, the mother -in -law and sister -in -law continued torturing his daughter. The sister -in -law was a resident of a nearby place and she used to come to their house almost everyday and torture the deceased. The deceased had told him and his wife about the torture as a result of which he had gone to her in -law 's house several times to solve the matter so that there could be peace in the family but after each visit, the torture had increased. The deceased had made a Diary entry at the Bantra P.S whereafter the torture had momentarily decreased. After a few days there was a lull but thereafter the torture increased again. The inlaws did not allow the informant 's daughter to go to her father 's house and also did not allow her to attend any social function of the family of her father. One day she was thrown out of the bed and was beaten up on her chest and belly. She was once beaten up on her back with a water pipe. On 16 -17/2/2008 at about 2 P.M. the mother -in -law of the deceased informed him that his daughter was ill and had been admitted in the Howrah General Hospital. The informant went there at 3:30 P.M but did not find anybody from the in -law 's house but he came to learn from neighbouring people that his daughter had committed suicide by consuming poison. She had been brought and admitted at the Howrah Hospital at 12 -12:30 midnight. The Doctor had declared her dead. The informant requested the Officer -in -Charge to take legal steps against the husband, mother -in -law and sister -in -law of the deceased. According to him, her death had been caused by their torture.

(3.) THE inquest was conducted by the A.S.I, Howrah Police Station on 17.2.2008 at 9:22 A.M at the Howrah Hospital Morgue. All that the A.S.I stated in the inquest report was that the body of Manisha Ghosh (the deceased) was laid on a stretcher in the open space in front of the morgue and her head was towards the north and the body was laid on her back. When the body was turned in the presence of witnesses, it was seen that her hair was black and long with clips and there was vermillion on her forehead. Her eyes were closed, mouth was slightly open, articles from her stomach had oozed out from the nose and the mouth. She was of good health, fair complexion, 5 '3 '' in height. She was wearing white bangle on her left and right hands as well as a churi. Some stool could be seen and a black ribbon with a talisman (tabiz) could be seen around her waist. She was wearing a violet and white coloured sleeveless nighty. The A.S.I observed that nothing more than what he had noticed, could be seen with naked eyes. Having made such a report he narrated the contents of the F.I.R and then sent the dead -body to the Howrah Police Morgue for postmortem.