BIRESHWAR GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Bireshwar, Goswami and Bisheshwar Goswami both sons of Shri Nakuleshwar Goswami and Shrimati Swati Goswami wife of Bisheshwar Goswami, pursuant to a written complaint dated 23rd September, 1988 lodged by Shri Amarendra Nath, Adhikari with the Officer-in-Charge of Asansol Police Station, which formed the basis of fonnal FIR, were charged under section 302 of the Indian Penal Code for intentionally committing murder of Shrimati Kakali Goswami daughter of the complainant Amarendra Nath Adhikari under section 201 of the Indian Penal Code for causing evidence of offence to disappear and knowingly giving false information with the intention of the screening the accused person from legal punishment and under section 120B of the Indian Penal Code having agreed to commit murder of Shrimati Kakali Goswami amongst themselves. The learned Trial Judge by his judgment dated 20th September, 2000 acquitted all the accused persons from the chargesheet under section 120B and section 201 of the Indian Penal Code. The learned Trial Judges further acquitted Bisheswar and his wife Swati from the charge under section 302 of the Indian Penal Code. The accused Bireshwar was however guilty of the offence punishable under section 302 and was convicted. By his order dated 21 st September, 2000 the learned Trial Judge sentenced Bireshwar to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default to suffer further rigorous imprisonment for two years. The convict has now come up in appeal.

(2.) The case of the prosecution briefly stated is that Kakali, daughter of Amarendra Nath Adhikari was given in marriage to Bireshwar on 8th May, 1988. On 7th August, 1988 at 5 a. m. Bireshwar called at the residence of Shri Amarendra Nath Adhikari and told him that one of his friends had met with a scooter accident and was admitted in the Bumpur Hospital. He requested Mr. Adhikari to accompany him to which the latter readily agreed. They got into a taxi. While proceeding towards the hospital, Bireshwar divulged that Kakali had in the last night set herself on fire and had attempted to commit suicide and was lying at Asansol Hospital. Shri Adhikari upon arriving at the hospital found his daughter dead. The family members of Shri Adhikari namely his wife and son reached the house of Bireshwar after they were informed by Shri Adhikari. Shri Adhikari accompanied by his wife went to the hospital once again but the son was forbidden from going there by Bireshwar. Shri Adhikari alleged that he suspected foul play in the matter because his son-in-law was an alcoholic and was of loose morals. He added that he was of the firm belief that his daughter was forced to consume something and after making her unconscious she was set on fire. An allegation of torture, in the matrimonial house, upon the deceased daughter is also there.

(3.) The case of the defence, as would appear from the suggestions given to the witnesses of the prosecution as also from the answers given to the questions put in examination under section 313 of the Code of Criminal Procedure, is as follows: (a) Bisheshwar in answer to question No. 11 in his examination under section 313, Cr. PC stated, inter alia, as follows: