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Supreme Court Of India
ANANDA MOHAN SEN - Appellant
Versus
STATE OF WEST BENGAL - Respondent
SLP (Cr.) 5950 Of 2006
Decided On : 05/16/2007
Advocates Appeared :
AVIJIT BHATTACHERJI, MD.IQBAL, PRADIP K.GHOSH, RAUF RAHIM, SAUMYA KUNDU
Indian Penal Code - Cruelty, Suicide, Evidence Act - 498a, 306 - Summary of Acts and Sections: Indian Penal Code Sections 498a, 306; Indian Evidence Act Section 113a - The court discussed the prosecution's case of cruelty leading to suicide under IPC Sections 498a and 306, and the application of Section 113a of the Indian Evidence Act. The judgment analyzed the evidence, including witness statements and medical reports, to establish the commission of the offenses and the presumption of cruelty under Section 113a. The court also considered the legal principles related to dowry deaths, cruelty, and abetment of suicide, and emphasized the need for a case-specific assessment of the evidence.
Fact of the Case:
The deceased was found dead at her matrimonial home, leading to the filing of a First Information Report alleging physical and mental torture by the accused. The prosecution presented evidence of cruelty and suicide, while the defense argued against the findings, including the absence of poison in the viscera and the delay in sending viscera for examination.
Finding of the Court:
The court found that the deceased had been subjected to cruelty, both physical and mental, leading to her unnatural death. It concluded that the prosecution had established the offenses under IPC Sections 498a and 306, and the burden shifted to the accused, which they failed to discharge.
Issues: The issues revolved around the allegations of cruelty, suicide, and the application of legal provisions such as Section 113a of the Indian Evidence Act. The court addressed the conflicting evidence and arguments presented by the prosecution and the defense.
Ratio Decidendi: The court's decision was based on the assessment of the totality of circumstances, including witness testimonies, medical reports, and the presumption of cruelty under Section 113a. It emphasized the need for a case-specific evaluation of the evidence and the legal principles related to dowry deaths, cruelty, and abetment of suicide.
Final Decision: The appeal was dismissed, affirming the judgment of conviction and sentence passed by the trial court and upheld by the High Court.
S. B. SINHA, J.
( 1 ) LEAVE granted.
( 2 ) APPELLANTS are before us being aggrieved by and dissatisfied with the judgment of conviction and sentence dated 10. 04. 2006 passed by a Division Bench of the Calcutta High Court in Criminal Appeal No. 351 of 2003, affirming a judgment of conviction and sentence passed by the learned Assistant Sessions Judge, Burdwan in Sessions Case No. 218 of 1995 under Sections 498a and 306 of the Indian Penal Code (for short, 'ipc' ). The High Court, however, modified the sentence in respect of charge under Section 306 IPC, reducing it from five years to three years, so far as the first Appellant is concerned.
( 3 ) THE prosecution case is as under: deceased Bakulbala was married to Appellant No. 2 (Gouranga Mohan) in the year 1991. On 03. 02. 1994 at about 07. 30 a. m. she was found dead at the verandah of her matrimonial home. Immediately after the occurrence, all the inmates of the house including the appellants fled away from the house. It was locked. PW-1, Shyam Sundar Dey, father of the deceased received information about the death of his daughter. He having reached the place of occurrence found the dead body of his daughter lying. A First Information Report was lodged on the same day at about 2105 hrs. before the officer in charge of Khandaghosh Police Station, alleging physical and mental torture upon her by all the accused. PW-1 opined that the deceased committed suicide being unable to bear such torture.
( 4 ) THE officer in charge of the police station upon receipt of the said First Information Report arrived at the place of occurrence at about 10. 30 p. m. The inquest report of the dead body, however, was conducted on the next day, which, inter alia, reads as under: on primary investigation it was found that the deceased was given in marriage to Shri Gounrana Mohan Sen, the eldest son of Sri Ananda Mohan Sen of village Dubrajpur on 21st Magh 1397. Since after her marriage husband, father-in-law, mother-in-law, brother-in-law, Kartick Sen - all combined used to commit various physical and mental torture on her in connection with household duties. Yesterday dated 03. 02. 1994 at about 7 a. m. husband, father-in-law, mother-in-law andbrother-in- law Kartick abused her again in connection with household duties and asked deceased Bakul "can you not die by taking poison? Go out of the house". Being mentally shocked she took poison named "sumidon" and as a result she died at 7. 30 a. m. Many persons know about the physical and mental torture committed to her. For ascertaining the real cause of death the dead body is sent to FSM Medical College, Burdawan through Shankar Das Bairagya, Constable.
( 5 ) THE post-mortem examination was conducted at about 1230 hrs. on 04. 02. 1994. Dr. S. Chakraborty (PW-11), the autopsy surgeon, reserved his opinion in regard to the cause of the death pending chemical examiner's report. The condition of the heart and contents of the stomach, however, were noticed therein as under: heart all the chamber full of blood and its clots to pinpoint haemorrhage on its surface. Stomach and its contents Non-congested contains 250 ml. of whitish violate fluid with a smell like that of kerosene.
( 6 ) THE statements of Smt. Kanan Bala Dey (PW-5), mother of the deceased, Haradhan Halder (PW-8), a neighbour and relative of PW-1 and Himadri Sekhar Dey (PW-10), brother of the deceased, were recorded under Section 161 of the Code of Criminal Procedure. The statements of Smt. Madhavi Halder (PW-6) and Smt. Bithika Paul (PW-9), aunt and friend respectively of the deceased were recorded on 12. 02. 1994. Investigation was carried out in a slip-shod manner. Viscera was also sent for chemical examination only on 14. 03. 1994. It is difficult to appreciate that the investigating officer took such a long time in sending the article for chemical examination after such a long time.
( 7 ) BEFORE the learned Trial Judge, 13 witnesses were examined on behalf of the prosecution. Out of t
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