PINTU RUIDAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) One Sunil Ruidas died in his own residence in the early hours of 12th January 2007. This was an unnatural death. The appellant before us has been convicted for committing the offence of murder of Sunil (the deceased) by the Additional Sessions Judge, 4th Court, Pashim Medinipur in Sessions Trial No. XXXV/April/07. Sunil was his own brother -in -law, being the husband of his deceased sister. At the time of commission of the offence, the appellant was facing the charge of committing murder of his own wife, i.e., sister of the deceased, and was on bail. The prosecution version of the case which has been broadly accepted by the Trial Court is that after being released on bail, the appellant, Pintu Ruidas had reestablished contact with Sunil and wanted him to withdraw the case against him. It is not clear from evidence in what manner Pintu wanted such withdrawal to be effected, but evidence is there that Pintu was pressing Sunil to do so. On the preceding night, Sunil and Pintu had reached the residence of the former in drunken condition. Sunil told his father (Sasthi Ruidas) that Pintu had confessed his guilt and he was remorseful and requested for withdrawal of the case. To that proposal Sasthi did not agree. Pintu, however, stayed back in the family residence of Sunil on that night and occupied a room with Sunil on the first floor of the house, after taking meal. Sasthi heard a groaning sound at about 3 A.M., originating from the first floor and when he went to the room in which Sunil and Pintu were spending the night, he found Pintu sitting on the chest of Sunil and strangulating Sunil with a mufflar around his neck. The said room has been described by the mother of the deceased, who deposed as PW 2 and some to her witnesses as "kothaghar". Thereafter, Sasthi forcibly removed Pintu from the chest of Sunil, after which Sunil's mother and wife raised alarm and people from the neighbouring area arrived and detained Sunil. The matter was reported to the police station in the morning. In the inquest report, there is reference to a case bearing No. 3/07. This number, it appears to us, refers to the number of a case relating to Unnatural Death (UD). On the basis of the written complaint, formal F.I.R. was registered as Garbeta P.S. Case No. 4/07 dated 12th January 2007, and investigation started. This case number is also reflected in the inquest report (Ext "2"). Police came to the house of Sunil, held inquest over the dead body and Pintu was arrested.

(2.) After completion of investigation and submission of charge -sheet, the case was committed and charge was framed under Sec. 302 of the Indian Penal Code, 1860. In course of trial, prosecution altogether examined 18 witnesses. PW 1 was Sasthi Ruidas. On the basis of his written complaint, formal F.I.R. was drawn. PW 3 was one Barun Dey, a neighbour of the family of Sunil, who was the scribe of the written complaint. PW 1 has deposed as eye -witness of the assault on Sunil, whereas PW 2 (Kalpana Ruidas), mother of the deceased, has stated in his evidence that she had reached the room in which the incident occurred, following her husband. PW 6 (Kalosona Ruidas), PW 7 (Nemai Ruidas), PW 8 (Bapi Ruidas), PW 10 (Haradhan Ruidas), PW 11 (Khokon Ruidas), PW 12 (Arun Ruidas), PW 14 (Chandi Ruidas), PW 15 (Purnima Ruidas), PW 16 (Sankar Ruidas) are all post -occurrence witnesses. Among them PW 6, PW 7, PW 14, PW 15 and PW 16 are relatives of the deceased. PW 13 (Rinku Ruidas) is the widow of the deceased. She could not depose as she broke down when called to depose, and was released by the Court without being examined. PW 15 has stated on oath that PW 13 (Rinku Ruidas) was suffering from depression and PW 16, Shankar Ruidas has also corroborated in his deposition the mental state of PW 13. One Bhaskar Nandy has deposed as PW 9. He has stated that he runs a decorating business and Sunil used to work under him in such business. He has further deposed that he had seen Pintu speaking to Sunil on two occasions while he was working under him, and that Sunil had discussed the matter of withdrawal of the case while he advised Sunil to do things according to law. PW 4, Sukumar Mondal is a police witness, who conducted inquest. PW 17, Gopal Bharmachari is also a police witness who accompanied the dead body to the morgue. The last witness who deposed on behalf of the prosecution was Sanjib Chakraborty, the Investigating Officer. PW 5 was one Samar Sinha Das, the autopsy surgeon.

(3.) The post mortem report, marked exhibit '3' records the following external injuries on the body of the deceased: - -