GOENKA Vs. RAJESH GOENKA

JUDGEMENT

(1.) This is an application under section 439(2) of the Code of Criminal Procedure, 1973 made by Smt. Aruna Goenka, wife of Sri Rajesh Goenka for cancellation of the bail granted to her husband, father-in-law, mother-in-law and her sister-in-law in connection with Karaya Police Station Case No. 236 dated 19-10-85. The F.I.R. in this case was lodged by the petitioner herself on 19-10-85 at 16-45 hours at the Karaya police station, the alleged incident having occurred according to her between 15.00 hours and 15.40 hours on the same date, inside the room of the married couple (i.e. the room of the petitioner! complainant and her husband) at No. 27, Ballygunge Park Road, Calcutta, which is about one kilo metre from the said police station.

(2.) It is the case of the petitioner in the F.I.R. that she has been severely injured by her husband being aided and abetted by the other accused with a hot iron Press, and also by burning with the end of a lit cigerate on her breast and other parts of her body, by her husband on the 19th of October 1985. A certificate granted by doctor D.P. Saha dated the 19th of October 1985 (annexure B to the present petition affirmed on 30th October, 1985) shows that the petitioner was attended by him on the same date and he found multiple burn injuries over both the hands and trunks. The injuries were severe and might endanger the life of the patient. A subsequent detail report dated 24th October, 1985 was granted by the same doctor describing the position of the multiple burn injuries found by him on the petitioner on the 19th October 1985 (annexure B/i to the petition). In the said report dated 24-i0-85 the doctor had again stated that the injuries were severe and might endanger the life of the patient. He found three burn marks on the upper portion of the right thigh, three marks on the left thigh, three marks on the lower abdomen, three big spots and five small ones on the left breast, three on the right breast, four burn injuries on the right hand and five burn injuries on the left hand. The burn on both the fore arms on both the dorsels and ventral aspects were very extensive forming blister which having burst were discharging serious feuding. Some of them had become infected. There were scratch mark also on her neck. The doctor had also noted in the said detailed report dated 24-10-85 that the patient told him that the incident occurred at 27, Ballygunge Park Road, Calcutta on 19-10-85 in the afternoon and that the injuries were caused by her husband Sri Rajesh Goenka, assisted by her father-in-law, mother-in-law and sister-in-law.

(3.) The petitioner was further examined by Dr. (Mrs.) Bharati Pillari on 21.10-85 and her report is Annexure HT to the petition, which shows that this doctor found burn injuries on her thighs, abdomen and breasts, and extensive burns on the fore arms on both sides.