NAMITA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision under Section 401 read with Section 482 of the Criminal Procedure Code is directed at the instance of the de facto complainant against the judgement and order of acquittal dated 12 March, 2008 passed by learned Additional Sessions Judge, Barrackpur, in Sessions Case No. SC 9(2) 2005 (Sessions Trial No. ST. 5(3) of 2005) arising out of Titagarh Police Station Case No. 198 dated 2.7.1996 under Section 498A/306 of the Indian Penal Code.

(2.) The fact of the present application, in brief, is that the marriage in between Soma Paul, daughter of the de facto complainant and Koushik Paul was solemnized on 28.5.1995 according to Special Marriage Act. After marriage Soma Paul went to her matrimonial home at Natun Palli where she resided with her husband Koushik along with her elder brother-in-law and mother-in- law. On 31.5. 1996 at about 9 a.m. Ms. Namita Mukherjee, the de facto complainant, got an information from one person that her daughter Soma had been shifted to B.N. Bose Hospital with burn injury. The complainant rushed to B.N. Bose Hospital and found her daughter sustaining burn injury and she was not in a position to talk. Subsequently, her daughter was shifted to R.G. Kar Medical College and Hospital and she was succumbed to injure on 3.6.1996. The complaint was lodged by the de facto complainant against the O.P. Nos. 2 to 4, with an allegation against the 4 accused persons for torture and cruelty. The Investigating Officer after receiving the complaint being Titagarh Police Stations Case No. 198 dated 2.7.1996 under Section 498A/ 306 of l.P.C. started investigation and after completion of investigation the I.O. filed the charge sheet against the aforesaid 4 accused persons. The accused persons were released on bail and stood for trial.

(3.) Learned Additional Sessions Judge, Barrackpur, on perusal of necessary papers placed before him and after hearing both the prosecution and the accused framed the charge under Section 498A/306 of I.P.C. against the accused who pleaded innocent and claimed to be tried.