SHIB SANKAR GHOSH Vs. ASHIM ROOJ

JUDGEMENT

(1.) By this application under Section 397/401 read with Section 482 of the Cr. P. C. the judgment and order dated 18-5-2005 passed by the learned Assistant Sessions Judge, Suri. Birbhum in Sessions Case No. 7 of 2003 corresponding to G. R. Case No. 101 of 1999 whereby the learned Judge acquitted three accused persons namely Uttam Rooj (O. P. No. 3), Latika Rooj (O. P. No. 4) and Dipti Rooj (O. P. No. 9) of the charges under Section 498A/306 of the I. P. C. is under challenge.

(2.) P. W. 1 Shib Sankar Ghosh, the father of the victim lodged a complaint with the O. C. Dubrajpur P. S. on 8-2-1999 at 15.50 hours against 11 persons including the nine opposite parties herein alleging that his daughter Lakshi Rooj was married to Ashim Rooj (O. P. No. 1) at Tarapith Temple following love affairs was not taken kindly by the members of the matrimonial family as a result of which the members of the family of Ashim did not allow his daughter and Ashim to enter into their house. Ashim and Lakshi took shelter in another house of Ashim at Panditpur and the house of Ashim's father's elder brother Balahari Rooj was having a common courtyard with Ashim at Panditpur. While staying at Panditpur Latika Rooj, wife of Uttam Rooj. Basanti Rooj. wife of Tarun Rooj used to go to the Panditpur house and caused torture to the girl physically and mentally telling that she should be ashamed of herself since her father (de facto-complainant) had no capability to offer dowry and asked her to commit suicide or else they would kill her. The victim narrated these incidents to the dc facto complainant and the relatives of Ashim or Ashim did not raise any protest against such behaviour of Lalika and Basanti and on the contrary Ashim said that there was nothing to be worried and he would look after the matter. On 4-2-1999 the son of Balahari namely Ashis Rooj (O. P. No. 8) herein and his wife Dipti Rooj picked up quarrel with the victim and provoked her to commit suicide as a result of which being mentally hurt the victim poured kerosene oil on her body in the house of Balahari Rooj and she succumbed to the injury in the hospital where she made a dying declaration shortly before her death.

(3.) On this FIR investigation was conducted and police submitted charge-sheet against only three persons namely Uttam Rooj, Latika Rooj and Dipti Rooj under Section 498A/306,I. P. C. and the learned trial Court also framed charge against the three persons who are Uttam, Latika and Dipti (O. P. Nos. 3, 4 and 9) herein. The other accused persons who were named in the FIR were not charge-sheeted as there was prayer for discharge of them.