THE STATE Vs. LAXMI HALDER

JUDGEMENT

(1.) SHRI Dilip Halder was married to Smt. Laxmi Halder. The couple was residing at Shanti Basti, Nimbutala under the Police Station Rangat. There was discord between the couple on the extramarital relationship of each other. On March 26, 2008 at about 12 noon Laxmi allegedly inflicted blow on the neck of Dilip with the help of a chopper (dao). Dilip sustained injury and was treated at the Health Centre. Police arrested Laxmi and charged her for the offence committed under Section 307 I.P.C. Laxmi pleaded not guilty and opted to be tried.

(2.) P .W. 1 Jotin Halder was the father of Dilip. He was residing at Shanti Basti with his family comprising of seven persons being Tulsi, his wife, his son Dilip and his daughter -in -law Laxmi and two children of Dilip and Laxmi being aged about 4 years and 2 1/2 years respectively. According to Jotin, in 2008 Laxmi suddenly left the matrimonial home and started residing at Port Blair. Dilip and Tulsi came to Port Blair and talked to Laxmi's parents and tried to pacify the discord between them. There was conciliation at the intervention of Panchayat at Havelock where the parents of Laxmi were residing. Ultimately Laxmi came back to her matrimonial home. On March 26, 2008 during noon after taking lunch they all went for the afternoon nap when Jotin heard the cry of Dilip who was shouting for help. Jotin rushed to the room of Dilip and found Dilip covering his neck by two hands, whereas Tulsi caught hold of Laxmi with the help of P.W. 11, Nani of Laxmi. Jotin found one dao in the hand of Laxmi and snatched it. Dilip was bleeding from his neck. The police was informed. Police came and sent Dilip to the Health Centre. In cross -examination, Jotin deposed, his son Dilip kept one lady in the house to maintain his children. He also admitted that the lady whom Dilip kept in the house, gave birth to one child remaining with the family of Dilip. P.W. 2 Dilip Halder deposed, his mother Tulsi abandoned them 20 -23 years back and started residing with one Ramesh Adhikari. Tulsi gave birth to one child namely, Santosh Adhikari. Laxmi subsequently developed an extramarital relationship with Santosh and left the matrimonial home to stay with him. With the intervention of the respective parents, the discord was pacified and Laxmi came back to her matrimonial home along with her parental grandmother (Nani). On the fateful day Dilip was taking rest in one room. Laxmi was also taking rest in another room. Nani and Tulsi being P.Ws. 11 and 12 came inside the room of Dilip for taking rest. They also slept on the floor. At that time, Laxmi entered into the room and inflicted blow on him with the chopper. He immediately raised alarm when P.Ws. 11 and 12 caught hold of Laxmi when Jotin snatched away the dao from Laxmi. He sustained bleeding injury on his neck. He was admitted in the hospital for about 12 days. In cross -examination, he denied having married another lady or residing with another lady or that he had any issue through her. According to him, the lady talked about, was working as maid and the 3rd child would belong to her. P.W. 3 Shreedam Mondal was a neighbour. He heard the cries coming out of the house of Dilip and then saw police coming to the place of occurrence. He also saw son of Jotin bleeding from his neck. P.W. 4 Sushant Sarkar was the brother of Laxmi. They came to Port Blair and took Laxmi to Havelock where negotiation took place through Panchayat. Laxmi returned to her matrimonial home and within 2/3 days she inflicted blow on the neck of Dilip. P.W. 5 Shobha Mistry was a domestic help. She got the telephone call from Jotin. She admitted, Laxmi who was her niece (daughter of brother). In cross -examination she admitted Dilip having married another lady who gave birth to one issue through Dilip. P.W. 6 Nirmal Gharami was the father of Laxmi. He deposed, he took Laxmi to Havelock and then sent both Laxmi and Dilip at Rangat, her matrimonial home. In cross -examination, he deposed, Dilip used to assault Laxmi. Dilip did not want to keep Laxmi and married another lady and initiated false case against Laxmi. P.W. 7 Parimal Sheel was the Pradhan of Vijay Nagar Gram Panchayat. He intervened and tried to pacify the couple and advised them to maintain harmony. P.W. 8 Subodh Mirdha was residing at Havelock. He corroborated the fact of conciliation between the couple at Havelock. P.W. 9 Sunil Mirdha was also present at the conciliation meeting. P.W. 10 Smt. Savitri Mondal could not throw any light. She was declared hostile. She deposed, there had been quarrel between the couple. On that day police came and requested her to make statement that she denied. P.W. 11 Susheela Gharami was the maternal grandmother of Laxmi. She deposed, there had been quarrel between Dilip and Laxmi but could not give any details. On the fateful day she was at Havelock. She was declared hostile. In cross -examination on behalf of the accused, she deposed, she heard that Dilip had kept another lady as his wife and got children from the said lady. She also admitted, Dilip was in the habit of assaulting Laxmi. P.W. 12 Tulsi Halder was the mother of Dilip. She admitted, Santosh was her son. She also admitted her relationship with Ramesh Adhikari through whom she gave birth to Santosh. On the fateful day she was sleeping when Dilip raised alarm and after that there was incident of snatching of dao between Dilip and Laxmi, her husband and P.W. 11. Dilip sustained injury on his neck. Dilip was taken to the Health Centre. Subsequently, she heard that Laxmi had inflicted injury with a dao on Dilip. In cross -examination, she categorically deposed, she did not see anyone assaulting any other. She also did not see as to whether Dilip sustained injury accidentally in course of snatching of dao.

(3.) THE learned Judge, by his painstaking judgment and order, examined the evidence in detail and ultimately decided the case on the basis of the evidence of P.Ws. 11 and 12 stated to be the ocular witnesses. After examining those evidence particularly of P.Ws. 11 and 12, the learned Judge came to conclusion, the prosecution failed to prove the case beyond all reasonable doubts and gave Laxmi the benefit of doubt and signed the judgment of acquittal.