NEMAI DEY Vs. STATE OF W B

JUDGEMENT

(1.) ON August 5, 1986 Sikha Rani Dey, wife of Nemai Dey of Burgeria in the district of Midnapore (West) died of poisoning. The Police investigated the case. The Investigating Officer who held inquest of the dead body could not find any external injury on the body of the victim. Dr. Kingsuk bose held the post-mortem who, however, in his post-mortem report mentioned fracture of hyoid bone. According to him, the lungs were also congested, the stomach contained chocolate colour food, liver and kidney were congested. The viscera was sent for forensic examination and upon receipt of the forensic report the doctor opined that death was due to homicidal obstruction of respiratory passage like throttling or strangulation after methyl Parathoin poisoning. After receipt of the post-mortem report the Police suo-motto initiated a case and arrested Mr. Nemai Dey, husband of the victim girl and charged him with the offence under Section 302 of the Indian Penal Code. Nimai pleaded not guilty and faced trial. Altogether eleven witnesses were examined on behalf of the prosecution. The defence, however, did not adduce any evidence.

(2.) PW-1, Kalachand Dey was the brother of the victim. He deposed that the Sikha and Nemai were residing in their marital home along with their only daughter, Nemai was working as a temporary night guard in Shyamchawk school. Sikha died in the night of August 4/5, 1996 Kalachand got the information on the next morning at about 12 noon from a relation. He rushed to the house along with one Madhusudan Jana. He saw froth coming from her nostril. There had been oozing of blood from ears. Her eyes was reddish. Kalachand, however, deposed that he did not notice any mark of injury on her body. He informed the Police, he suspected that Sikha was murdered. He put the intimation in writing. He, however, could not recollect whether he had told the Police that the victim had reported about ill-treatment by Nemai, to his mother.

(3.) PW-2 Swarnalata was the sister of victim. She also rushed to the place of occurrence. She deposed that their marital relationship was cordial. However, one year prior to the incident "it had taken bad turn". Victim made adverse complaint against Nemai about torture and his character. Swarnalata also saw blood oozing from the ears. She saw blood outside her eyes. She, however, could not recollect any further details. She also made a statement to the Police that her sister was subjected to torture. She deposed that Nemai had illicit relationship with Pratima Chowdhury, the matron of the concerned school being PW-6.