SAHAJADA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON February 8, 1985 Rasida, wife of the convict Sahajada of Titagarh committed suicide. Her husband Sahajada, her brother-in-law Md. Amin (husband"s elder brother), Multan Bibi, sister-in-law (Md. Amin"s wife) and Mustari (daughter of Md. Amin) were charged with the offence of aiding and abetting and inducing Rasida to commit suicide. They were charged with the offence punishable under Section 306 of the Indian Penal Code. All the accused pleaded not guilty and faced trial. Both the lady accused were given benefit of doubt and they were acquitted from the charges levelled against them. The learned Judge, however, convicted Sahajada and his elder brother Md. Amin under Section 306 of the Indian Penal Code and sentenced them for rigorous imprisonment for eight years. Hence, this appeal by the appellants.

(2.) ACCORDING to PW-1 the defacto complainant, he approached initially the Titagarh police Station to lodge the complaint. He was then advised by the Titagarh Police station to approach Barrackpur Police Station. He made statement before the barrackpore Police Station. The Police Officer, however, did not take any step save and except recording a general diary about the unnatural death. He approached the learned Magistrate under Section 156 (3) of the Code of Criminal Procedure. Pursuant to the directions of the learned Magistrate the Police initiated the case against the accused. In the process there had been delay of about two months in lodging the formal complaint.

(3.) ALTOGETHER nineteen witnesses were examined on behalf of the prosecution. The defence, however, did not adduce any evidence.