MINA ADHIKARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this revisional application the petitioner prays for quashing the proceeding in C.R. Case No. 111 of 1987 under Section 193, Indian Penal Code pending against her in the court of the learned Chief Judicial Magistrate, Berhampore. It arises thus.

(2.) Over the suicidal death of one Shibani Das by burning on 6.5.84 her husband Parasar Das was arraigned before a learned Additional Sessions Judge, Murshidabad, in Sessions Trial No. 2 of January 1987 to answer a charge under Section 306, Indian Penal Code. On the date of incident the petitioner, who is a nurse, was on duty at the New Berhampore General Hospital, where the victim Shibani Das was removed for treatment.

(3.) According to the prosecution after being removed to the hospital the victim made a dying declaration before the petitioner and some other nurses to the effect that she chose the path of self-immolation by fire, being unable to bear the tortures by her husband.