MANAS SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this application under Section 397/401 of the Cr. P. C. read with Section 482 thereby judgment and order dated 10/9/2004 passed by learned Additional sessions Judge, 2nd Fast Track Court, Hooghly in S. C. No. 249 of 2002 corresponding to S. T. No. 10 of 2003 (old) and S. T. No. 20 (A) of 2004 (New)acquitting thereby all the petitioners herein all the charges under Section 498a/ 304b/306 of the I. P. C. is under challenge on the ground that there has been complete mis-appreciation of evidence and the learned Sessions Judge misdirected himself in not considering evidence of the Witnesses in proper perspective.

(2.) P. W. 1, Manas Samanta of Panchanantala Road under P. S. Uttarpara. Dist-Hooghly lodged a written complaint with the Officer-in-Charge, uttar Para Police Station on 15. 2. 2002 at 14-45 hours alleging that his sister ramapatra who was given in marriage with the petitioner No. 2, Sukumar patra on 24. 11. 1999 and in whose marriage a cash of Rs. 30,000/-, 10 vories of Gold Ornaments and furniture and utensils of huge quantum was presented came to be subjected to ill treatment torture on the demand of bringing money from his house. There was no peace in her matrimonial family since the accused sukumar had a less income, he being a businessman carrying on business of potato, while his other brothers hold good jobs. This was stated by the victim whenever she would come to his house. After Durga Puja Festival of 2001, the accused persons Sukumar, Sona, Bablu, Nilima and Aparna mounted pressure upon her to bring more money but since the complainant was without any employment and was dependent upon his uncle he could not provide money as demanded. After the Bijaya Dasami day he came to the matrimonial house of the victim when he found that the mother-in-law and the sisters-in-law of the victim were quarreling with her. However, at 12-30 noon on 15. 2. 2002 accused nilima Patra and others informed him that the victim had been lying in Uttarpara general Hospital. He came to the hospital and learnt i. e. , sister was brought dead in the hospital and it was a case of death by suicide.

(3.) ON this complaint after investigation charge-sheet submitted against the accused persons under Section 498a/306 of the I. P. C. and the learned additional Sessions Judge framed charges against the 18 accused persons on 11. 6. 2004 under Section 498a/304b/306 of the I. P. C. The learned Judge examined 18 Witnesses and upon such examination and also of examination of the accused persons under Section 313 of Cr. P. C. found the accused persons not guilty of the offences and acquitted them of the charges.