IMPORTANT POINT
In a case based on circumstantial evidence, the Court is required to consider whether the cumulative effect of all the circumstances, lead to a conclusion that the same was a case of murder and the accused was responsible for such murder.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court directing acquittal of the three appellants before it who are described hereinafter as accused no. 1, 2 and 3 respectively. Respondent No.1-Dipak Halder was married to one Rimu (hereinafter referred to as the ‘deceased’). Alleging that deceased Rimu was killed by respondent No.1 and that she was tortured, for non-fulfillment of dowry on demand, prosecution was launched. Carge under Section 498A read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘Code’) was framed against all the three accused persons. Charge under Section 302, IPC was framed against respondent No.1, Dipak Halder while charge under Section 302 read with Section 109, IPC was framed against other two accused persons.

2. Prosecution version in an outset is as follows :

The deceased Rimu, daughter of Bimalendu Ganguly, was married to accused Dipak Halder on 18.2.1986. Bimalendu failed to pay the agreed dowry amount of Rs.10,000/- on the date of marriage. Although the other articles which he agreed to give by way of marriage gift were duly given. Due to non-payment of dowry money of Rs.10,000/-, the bride Rimu had to face ill treatment and torture at the hands of her husband Dipak, her mother-in-law Dipali and also her brother-in-law Pradip. It is alleged that after the marriage Rimu was physically tortured and she was often denied food. The ill treatment and torture, within a short time of marriage compelled the victim girl to return to her father’s place along with her husband. On that occasion, the victim Rimu with her husband Dipak stayed for 3 weeks in the-house of Bimalendu Ganguly (P.W.1), the father of the victim. After 3 weeks Rimu was taken back to her in-laws place by her husband. At that time Dipak assured her that there would be no further torture. Again Rimu had to take shelter in her father’s place. On that occasion a diary was lodged at the local P.S. by her husband who also accompanied Rimu, to her father’s place, and stayed there for sometime with the Victim. This time, she and her husband, started living in the house of Tejendra Nath Bose (P.W. 12), a well wisher of the family, till they got an accommodation, at a nearby place. In this way after 3 months they shifted to a flat of Nazir Bagan Lane within Kasba P.S. At the time Rimu was pregnant and subsequently she gave birth to a daughter on 10th of December 1986. After she returned home, mental torture on her which gradually took shape of physical torture started. It is further alleged that accused Dipak was seen agitated, some times became violent whenever he used to go to his own house at Tanu Pukur and met his mother. The matter reached its climax on 25th October, 1987 when the victim wanted money for Bhratri Ditia. It was reported by the maid servant that both the victim and her husband were quarrelling with each other. Half an hour after that some young boys of the locality came running and reported that Rimu had been burnt. Getting this information, the wife of the informant rushed to the spot. Even at that time she was abused and insulted by her husband Dipak before the local people. Rimu was taken to the hospital by the local people in the car of Mrs. Binita Dhar. In spite of request, her husband Dipak refused to accompany the victim when she was taken to the hospital. On the next day, the victim succumbed to her injuries. Charge under Section 302 IPC was framed against accused Dipak Haldar for causing the death of the victim Rimu. The other two, Dipali, the mother of the principal accused Dipak and his brother Prodip were charged under Section 302 read with Section 109 IPC for abetting the murder. All the three accused were also charged under Section 498-A read with Section 34 IPC. The trial proceeded when the accused pleaded not guilty to such charge.

In order to bring home the charge, the prosecution in all examined 46 witness