DIGAMBAR GOPE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this death reference case this Court is required to consider whether the sentence of death imposed on the accused Digambar Gope by the learned Additional Sessions Judge, Purulia in Sessions Case No. 81 of 1986 (Tr. No. 26 of 1989) is to be confirmed under S. 366 of the Criminal Procedure Code. Four persons, namely, Digambar Gope, Sridam Gope, Pramila Gope and Mantu Gope were tried by the learned Additional Sessions Judge in respect of charge of murder framed against them under S.302/34, I.P.C. The learned Additional Sessions Judge on trial acquitted the accused Mantu Gope but convicted the other three accused Digambar, Sridam and Pramila under S. 302/ 34, I.P.C. and for that conviction imposed death sentence on the accused Digambar Gope and life sentence on the other two accused Sridam Gope and Pramila Gope with fine of Rs. 1,000/- each. All the three accused persons who have been thus convicted and sentenced as stated have also preferred appeal against the orders of conviction and sentence. Both the death reference case and the appeal have been heard together and are also being disposed of by this judgment.

(2.) The accused persons were charged with murder of Bhadubala Gope, the wife of the accused Digambar Gope. The occurrence, whatever might it be, took place on 1-6-1983 in the house of Digambar Gope in village Bazra. On 2-6-1983 at 9.15 a.m. the appellant No. 2, Sridam Gope, the son of Harjit Gope since deceased came to the P.S. and reported that on 1-6-1983 at about 8 p.m. Bhadubala Gope, the wife of his younger brother Digambar, committed suicide by hanging. On that basis one U.D. case being Barabazar P.S. U.D. Case No. 7 of 1983 dated 2-6-1983 was started. Thereafter an A.S.I. of Police came to the spot and held inquest on the dead body of the deceased Bhadu and sent the dead body for post-mortem examination. On 4-6-1983 Kedar Nath Gope, the father of the deceased Bhadu however lodged a complaint at the Barabazar P.S. informing that her daughter Bhadu had expired on 1-6-1983 as reported to him by Mantu Gope in the evening of the 2nd June, 1983. It was further stated by Kedar Gope in the said complaint that her daughter was married to Digambar Gope about five years back and as he failed to pay sufficient dowry for the marriage the husband, the father-in-law, the mother-in-law, the brother-in-law and other family members of the house of the in-laws of her daughter used to torture her and his daughter also reported to him that the members of her matrimonial home tortured her on account of his inability to pay the dowry money. It was stated in the said complaint by Kedar Gope that it was his firm belief that the members of the house of the in-laws of her daughter had killed her. As we have already mentioned, the dead body of the deceased was sent on 2-6-1983 for post-mortem examination after preparation of the inquest report. The post-mortem report was however received on 27-6-1983 by the officer-in-charge of the Barabazar P.S. and on receipt of the post-mortem report he suo motu started a case under S.302/34, I.P.C. and took up investigation. In due course on completion of investigation charge-sheet was submitted and then trial was also held and, as already mentioned, three of the accused persons were convicted under S. 302/34, I.P.C. One of them, namely, the accused Digambar Gope was sentenced to death while the other two accused were sentenced to life imprisonment with fine.

(3.) Inquest of the dead body was held on 2-6-1983 at about 1.30 p.m. and an inquest report was prepared. The deceased was found to be hanging by the neck from the wooden joist on the ceiling of the room. As it appears from the inquest report her eyes were partly open and whitish saliva was found to be coming out from the mouth and running towards the left of the body and a light whitish secretion was also found to be coming out of the nose. The tongue had slightly come out. Both the hands were lying straight and the fists were half open and some of the fingers were pointing towards the ground. 'The feet were slightly bent towards the ground below showing signs of seeking support on the ground below. There was mark of ecchymosis on the throat. But no other mark of injury was found on any part of the body at the time of inquest.