GOPAL CHAKRABORTY Vs. STATE

JUDGEMENT

(1.) This hearing arises out of an application u/Sec. 482 Cr. P.C. for quashing the proceeding being G. R. Case No. 823/94 arising out of Kotwali P. S. Case No. 195/94 dated 27-5-94 u/S. 498(A)/306 of I. P.C.

(2.) The petitioner No. 1 is the husband of the victim housewife and petitioner's Nos. 3 and 4 are his parents and the petitioners Nos. 2 and 5 are the sisters of petitioner No. 1. As per F.I.R., the petitioner No. 1 was married with Krishna, the victim house-wife on 15-8-77 in accordance with Hindu rites and customs. The petitioner's Nos. 2 to 5 being the in-laws of Krishna, compelled her to keep her ornaments with them. These ornaments were given to Krishna from her father's side at the time of her marriage. Krishna made a complaint to her husband against the conduct of the in-laws. As a result she was tortured by her husband and the in-laws and this torture went on for a long time. Krishna during the long period of torture from time to time visited her father's place and narrated her woes to the members of her father's family. They always persuaded her to go to her matrimonial home. According to the F.I.R., on 23-5-94 an unknown gentleman reported that Krishna had taken an overdose of sleeping drug and was hospitalized in an unconscious state. On reaching the emergency Ward of the hospital, the de facto complainant, her paternal uncle came to know that Krishna had died with burn injuries at her matrimonial home and her dead body was kept in the morgue. The informant did not see anyone of her husband's family at the hospital. Next day, he came to know that the death of Krishna was due to the reasons as stated in the F.I.R.

(3.) In the F.I.R. all the petitioners have been named. It has also been stated that they tortured Krishna in various ways for a long period of time. It is not stated specifically exactly when the torture started and upto what point of time it continued. But it has been stated that Krishna's death was due to the reasons as given in the F.I.R.