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HIGH COURT OF JUDICATURE AT CALCUTTA
TAPEN SEN & MRINAL KANTI SINHA, JJ.
Prova Banerjee & Others
Versus
The State of West Bengal
CRA No. 215 of 2004 (Appellate Side)
Decided On : 16-08-2013
CRIMINAL LAW - SECTION 306, 498A - OFFENCE OF ABETMENT BY INSTIGATION - BURDEN OF PROOF - CIRCUMSTANCES LEADING TO INFERENCE OF INSTIGATION - EVIDENCE ACT, 1872 - SECTIONS 8, 106 - INTERPRETATION AND APPLICATION.
Fact of the Case:
The deceased Babli died of burn injuries in her husband's house, where she was living with him. The prosecution alleged that the appellant/accused persons, including the husband, tortured and instigated Babli to commit suicide. The defense contended that the death was accidental.
Finding of the Court:
The court found that the appellant/husband, Sanu, had tortured his wife both mentally and physically, and that due to his torture and humiliation, the deceased was compelled to commit suicide. The court relied on the evidence of the prosecution witnesses, as well as the subsequent conduct of the husband, to infer that he had instigated or abetted in the commission of suicide.
Issues: 1. Whether the prosecution had proved beyond reasonable doubt that the appellant/accused persons tortured and instigated the deceased to commit suicide. 2. Whether the death of the deceased was accidental or due to suicide.
Ratio Decidendi: 1. The court held that the burden of proving a fact especially within the knowledge of any person is upon him, and in this case, the incident occurred while the husband and wife were sleeping in a room of the husband's house in the dead hours of the night. It was incumbent upon the husband to explain how the said incident of burning happened, and his failure to do so could lead to an inference of his guilt. 2. The court further held that the circumstances of the case, including the fact that the deceased sustained burn injuries all over her body while there was no wearing apparel on the body, and that the husband instead of dousing or extinguishing the fire on the body of his wife let her die, led to an irresistible inference that the deceased was compelled to commit suicide being instigated by the conduct of the appellant husband Sanu.
Final Decision: The court modified the impugned judgment and order to acquit the other appellants except the appellant husband Sanu, and affirmed the orders of conviction and sentence passed upon the appellant husband Sanu. The appeal was thus partly allowed.
Mrinal Kanti Sinha, J.
1. This appeal has been directed against the Judgment and Order dated 17.03.2004 and 18.03.2004 passed by Sri. P.K. Das, learned Additional Sessions Judge, 2nd Court, Asansol in Sessions Case No.49 of 2000 whereby the appellants Nirmal Banerjee, Prova Banerjee, Benu Banerjee, Bhanu Banerjee and Sanu alias Kanu Banerjee have been found guilty and convicted for the offence under Section 498A of the Indian Penal Code and have been sentenced to suffer Rigorous Imprisonment for 2 years each and to pay a fine of Rs. 1,000/-, each in default to suffer Simple Imprisonment for 3 months, and appellant Sanu alias Kanu Banerjee has also been found guilty and convicted for the offence under Section 306 of the Indian Penal Code and has been sentenced to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 5,000/,- in default to suffer Simple Imprisonment for 1 year.
2. The prosecution case, in short, is this that one Bipad Baran Chatterjee lodged a written complaint before the Officer-in-Charge, Kulti P.S, alleging thereby that his daughter Babli was married with the appellant Sanu alias Kanu Banerjee, son of Nirmal Banerjee, at Chalbalpur according to Hindu rites on 28th Falgoon, 1394 B.S. After marriage Babli was living in her husbands house and gave birth to two daughters. Then her husband Sanu alias Kanu Banerjee, father-in-law Nirmal Banerjee, mother-in-law Provabati Banerjee, husband’s elder brother Bhanu Banerjee, husband’s brother Benu Banerjee used to assault and torture upon her. The informant or de-facto complainant tried several times to settle the matter between them by discussion with them and the people of Chalbalpur, but to no effect. The informant’s youngest son Tapas was working in ‘Mama plywood shop’ at Barakar since 4/5 months and he used to stay at night in the house of informant’s son-in-law at Chalbalpur. On the day before lodging of the F.I.R Tapas returned back home at about 4/5 p.m. and informed the informant that he found the burnt dead body of Babli, which was lying in the house of his son-in-law on 02.11.1996 at about 5 a.m. The informant’s son-in-law threatened Tapas not to disclose that fact to any body and in case Tapas disclose the same then he would be murdered. On arrival at Chalbalpur on 03.11.1996 at about 10 the informant inquired from the neighbours of his son-in-law and the people of their house regarding the cause of death of his daughter, when the neighbours apprehended that the cause of death was probably due to the torture of his son-in-law, father-in-law, mother-in-law elder brother and brother of his son-in-law, and the informant also apprehended that the cause of death of his daughter was due to their torture.
3. After receiving the written complaint police of Kulti P.S started Kulti P.S case no. 245 of 1996 dated 03.11.1996 under Sections 498A/306 of the Indian Penal Code and investigated into same. During investigation police held inquest over the dead body, visited the P.O, prepared rough sketch, sized some articles under seizure list, recorded statement of the witnesses under Section 161 of Criminal Procedure Code, collected post-mortem report, arrested accused persons sent viscera to the F.S.L, and after completion of investigation submitted charge-sheet against five accused persons under Sections 498/306 of the Indian Penal Code.
4. Thereafter the case was committed to the Court of Sessions. The case was transferred to the learned Trial Court, which framed charges under Sections 498A/306 of the Indian Penal Code against the accused persons. The charges were read over and explained to the accused persons, who pleaded not guilty and claimed to be tired.
5. In support of its case the prosecution examined 10 witnesses and submitted some documents, which have been marked Exhibits 1 to 6/2 and MAT Exhibit. Thereafter the accused persons were examined under Section 313 of the Code of Criminal Procedure, wherefrom it also appears that the defence case
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