ANJU PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure (in short the Code) is aimed at quashing the charge framed against the petitioners under section 498A/306 of the Indian Penal Code (in short IPC) in connection with Sessions Trial No. 5(3) 2005 (G. R. Case No. 2000/96) arising out of Titagarh P. S. Case No. 148 dated 2.7.96 under section 498A/ 306 of the IPC by the learned Additional Sessions Judge, Barrackpore by order dated 31.3.05.

(2.) The prosecution case was started on the basis of First Information Report (FIR) lodged by Namita Mukherjee on 2.7.96 at Titagarh Police Station. The prosecution story as depicted in the FIR was that, Soma Pal, daughter of de facto complainant Namita Mukherjee was married with Kaushik Pal under Special Marriage Act on 28.10.98 and after marriage Soma Pal went to her matrimonial home. About a month after the marriage, daughter of the informant was subjected to torture by her husband and other in-laws and she came out of matrimonial home. Soma Pal stayed in her mother's house for about 15/16 days and thereafter Kaushik Pal, husband of Soma Pal took away Soma Pal and they started living in a rented room in the house of Amalendu Hira at Talpukur within Police Station, Titagarh. On 31.5.96 de facto complainant received information that her daughter Soma Pal sustained burn injuries and she immediately rushed the house of Amalendu Hira, and reaching there heard from landlady that her daughter has been shifted to Dr. B. N. Bose Hospital. She thereafter, went to Dr. B. N. Bose Hospital and found her daughter with severe burn injuries and she was not in a position to speak and ultimately, Soma Pal expired on 3.6.96. She lodged the FIR on 2.7.96 stating therein that due to mental shock she could not lodge the FIR in time and previous information bearing her signature was written by her son-in-law Kaushik Pal and she did not verify the contents of that written information. On the basis of the aforesaid FIR Titagarh Police Station Case No. 148 dated 2.7.96 under section 498A/306 of the IPC was started and after completing investigation the police submitted chargesheet against the petitioners. After commitment of the case to the Court of Sessions it was transferred to the Court of the learned Additional Sessions Judge, Barrackpore. The learned Additional Sessions Judge by order dated 31.3.05 framed charges under sections 498A and 306 of IPC against the petitioners and being aggrieved by, and dissatisfied with, the said order the petitioners have approached this Court in this revisional application for quashing the charges.

(3.) Mrs. Pranati Goswami, learned Advocate for the petitioners submitted that FIR was belated and it was lodged about a month after death of deceased Soma Pal. Before lodging FIR the informant Namita Mukherjee submitted in writing with her signature to the OC, Titagarh Police Station that, for the death of her daughter she is not making allegation against anyone and she would not file any litigation. Concerning death of Soma Pal there was enquiry by Titagarh Police Station immediately after her death, and in the enquiry the police officer submitted that the death was due to accidental burn and no foul play was detected behind the death. In the inquest report also no material of offence was disclosed against the petitioners.