DINESH CHANDRA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Smti Shankari was wife of accused Santosh Kr. Dey. She died in the night of 12-8-1984. Santosh faced the trial for the charge under Section 302 of the Indian Penal Code with the allegation that he caused death of his wife Shankari by beating with stick (lathi) in the night of 12-8-1984. Furthermore, Santosh and his parents Dinesh Ch. Dey and Smti Gita Rani Dey faced another charge under Section 201 of the Indian Penal Code in the same trial. The accused pleaded not guilty of both the charges. Learned Sessions Judge held Santosh guilty under Section 302 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for life. All the 3 accused were also convicted under Section 201 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a period of 7 years. Hence, this appeal.

(2.) The prosecution case mainly based on the evidence of so called eye witnesses P.W. 2 Smti Shyamala Suklabaidya and P.W. 3 Smti Kalpana Suklabaidya and the informant P.W. 6 Jatindra Dutta. Accused Santosh with his wife Shankari lived with parents in the same house on the bank of Longai river at Karimganj. P.W. 2 and 3 are neighbours of the accused. Shankari died in the night of 12-8-1984 and it was made known to all in the locality by accused Dinesh Ch. Dey in the next morning 13-8-1984 and asked the people to join cremation. Dinesh informed the people that his daughter-in-law Shankari died of cholera in the night and asked the people including P.W. 6 informant to join cremation. P.W. 6 visited house of Dinesh and found the dead body covered with a piece of cloth. It was on 13-8-1984. But on 18-8-1984 P.W. 6, Jatindra Dutta lodged the First Information Report Ext. 3 at Karimganj P.S. alleging that on removing the cloth from the body of the deceased he found many blakish spots resembling, marks of injuries on the face and throat and that he could gather from people that accused Santosh Kr. Dey and beaten her to death on 12-8-1984. He did not accompany the party to the cremation which took place at about 2-00 p.m. on 13-8-1984.

(3.) Nobody disclosed to the local people neighbours in night of 12-8-1984 or on 13-8-1984 till the time of cremation that Santosh assaulted his wife with a stick at night which might caused the death. It is in evidence and not disputed that death of Shankari was informed to her parents house and one of her brothers came and thereafter the cremation took place at about 2.00 p.m. It is found from the evidence on record that about 20-25 persons attended the cremation. The allegation of assaulting Shankari by accused Santosh was focused for the first time on 18-8-1984 in the First Information Report by P.W. 6.