SHYAMAPADA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE victim Fulkumari was married to Gour Chandra sana in 1981. She was childless. She committed suicide on February 28, 1986. Her father lodged a complaint that she had to commit suicide as she could not sustain torture of her father-in-law Shyamapada Saha and her husband Gour Chandra Saha. It was also complained that she was not given regular meal and she was in starvation. The prosecution started the case under section 498a read with section 306 of the Indian penal Code as against Shyamapada Saha and Gour Chandra Saha. At the time of trial father of the victim Shyamapada Sarkar P. W. 1 deposed that Fulkumari never complained of any torture. He however, deposed that Fulkumari wanted to be separated from her In-laws. He however, advised her not to do that. P. W. 1 however, in his deposition admitted that he did not know the reason behind the assault. He further deposed that In-laws along with the husband were not allowing her to take meal. The villagers being P. W. 3, P. W. 4, P. W. 5, P. W. 6 and P. W. 7 were declared hostile at the time of trial. We do not find any evidence of torture. It further transpires that Fulkumari's brother was married to her sister-in-law being sister of her husband Gour. They wele living separately. P. W. 3, a co-villager deposed that he came to know about the incident at about 10-11 A. M. They got the victim down and nursed her, however, such attempt failed as she by that time died. On a query made by him Gour told him that there had been an altercation between them on the issue of being separated from the family. On a query made by the Court the witness deposed that his wife told him that Fulkumari was sorry for not being mother. The other village witnesses deposed almost in the same line. The learned Judge of the Court below relying on section 113a of the Evidence Act held that since Fulkumari died within five years from her marriage, it was presumed that she was compelled to commit suicide because of the torture from her In-laws including the husband. Both the accused being Shyamapada and Gour were sentenced for three years under Section 498a as also for ten years under section 306 along with fine, in default further imprisonment for six months. Hence, this appeal.

(2.) WE have heard the learned Counsel appearing for the appellants as well as prosecution.

(3.) TO deal with the present controversy we have to first examine the law on this aspect. Section 113a of the Evidence Act, 1972 is quoted below :