Back
IN THE HIGH COURT AT CALCUTTA
Girish Chandra Gupta & Kishore Kumar Prasad, JJ.
Fatik Dey
vs.
State of West Bengal
C.R.A. No. 46 of 1990
Decided On : November 24, 2008
HOMICIDE - CIRCUMSTANTIAL EVIDENCE - MEDICAL OPINION - INTERPRETATION - SUFFICIENCY OF EVIDENCE - SUICIDE NOTE - RELIABILITY - BURDEN OF PROOF - CONVICTION - JUSTIFICATION - SECTION 302 IPC - SECTION 498A IPC
Fact of the Case:
A woman named Putul was found dead, hanging in her matrimonial home. Her husband, Fatik, was convicted of murder under Section 302 of the Indian Penal Code (IPC), while the other accused, including his mother-in-law and sisters-in-law, were acquitted of all charges.
Finding of the Court:
The High Court found that the Trial Court's conviction of Fatik was based on insufficient evidence and was perverse. The Court held that the medical opinion relied upon by the Trial Court was not supported by the evidence, and that the Trial Court had erred in disregarding the evidence of a suicide note found at the scene of the incident.
Issues: 1. Whether the medical opinion relied upon by the Trial Court was sufficient to establish that the death was homicidal rather than suicidal? 2. Whether the Trial Court erred in disregarding the evidence of a suicide note found at the scene of the incident? 3. Whether the prosecution had discharged the burden of proving beyond reasonable doubt that Fatik was guilty of murder?
Ratio Decidendi: 1. The Court held that the medical opinion relied upon by the Trial Court was not sufficient to establish that the death was homicidal rather than suicidal. The Court noted that the doctor who conducted the post-mortem examination had found the hyoid bone of the deceased to be intact, which was inconsistent with the opinion of another doctor who had examined the hyoid bone and found it to be fractured. 2. The Court held that the Trial Court had erred in disregarding the evidence of a suicide note found at the scene of the incident. The Court noted that the handwriting expert had testified that the suicide note was written by the deceased, and that there was no evidence to suggest that the note was not genuine. 3. The Court held that the prosecution had not discharged the burden of proving beyond reasonable doubt that Fatik was guilty of murder. The Court noted that the evidence against Fatik was entirely circumstantial, and that there was no direct evidence linking him to the crime.
Final Decision: The High Court set aside the conviction of Fatik and acquitted him of all charges.
Girish Chandra Gupta, J.
This appeal is directed against a judgement and order dated 19th January, 1990 passed by the learned Additional Sessions Judge, First Court, Bankura in Sessions Trial No. 1 of January 1988 arising out of Sessions Case No. 9 of August 1987 by which the appellant Fatik was convicted of the offence punishable under section 302 and the rest of the six accused persons were acquitted of all the charges. The convict Fatik has been sentenced to suffer imprisonment for life for the offence punishable under section 302 of the Indian Penal Code.
2. The facts and circumstances of the case briefly stated are as follows :
On 10th March, 1985 the deceased Putul was given in marriage to Fatik according to Hindu rites and customs. A female child was born. On 24th June, 1986 her dead-body was found hanging in the bed-room of her matrimonial house. The brothers of the deceased were informed. They rushed to the place of occurrence. A written complaint was lodged on the same day alleging ill-treatment against all the in-laws including the husband, demand for articles including a T.V. and concluding that the deceased had committed suicide. It is on this basis an FIR was drawn and a criminal case was started under sections 498A and 306 of the Indian Penal Code only against the mother-in-law and the sisters-in-law.
3. After investigation the police filed a charge sheet not only against the mother-in-law and the sisters-in-law but also against the husband and some of his relations under sections 498A and 302 of the Indian Penal Code. The learned Trial Judge did not find any of the accused persons guilty of the charge under section 498A of the Indian Penal Code. The appellant alone was convicted under section 302 of the Indian Penal Code. Rest of the accused persons were also exonerated from the charge under section 302/34 of the Indian Penal Code.
4. The appellant has come up in appeal.
5. Mr. Dastoor, the learned Advocate appearing in support of the appeal, submitted that the judgement under challenge is highly speculative and is also perverse. It. is not based on evidence adduced by the prosecution.
6. Mr. Auddy, the learned Advocate appearing for the State, has disputed the submissions made by Mr. Dastoor.
7. The marriage took place on 10th March, 1985 as already indicated. The death took place on 24th June, 1986. A period of slightly more than fifteen months elapsed between the date of marriage and the date of the death. Letters aggregating sixteen in number were tendered in evidence by both the parties. They include letters addressed by the deceased, to her mother, to and from her brothers; letters written by the mother of the deceased to the mother-in-law of the deceased and also letters exchanged between the couple. Not one of them discloses any animosity between the parties. There is no complaint whatsoever in any of the letters addressed either by the deceased Putul or by her brother or by her mother either against the husband or any of his relations.
8. To start with the first letter is dated 15th August, 1985 which has been marked Exhibit 5. This is a letter written by the deceased to her mother regretting cancellation of her schedule visit to the paternal house due to the death one of her in-laws. The second letter marked Exhibit 6 is dated 27th August, 1985 also written by the deceased to her brother. Not a word against any of the in-laws or against the husband is there in that letter. The third letter is dated 27th September, 1985. The fourth one is dated 24th October, 1985. The fifth one is dated 15th November, 1985. These are the three letters which really, are love letters written by the husband to the deceased which have been marked Exhibits A-1 and A-13 respectively. The sixth letter is dated 22nd November, 1985 marked Exhibit 9 addressed by Tukun, P.W.3 the second elder brother of the deceased to the appellant Fatik which is full of love and commendation for the appellant. The seventh letter is dated 16th De
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
