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2017 Supreme(Cal) 849
IN THE HIGH COURT OF CALCUTTA
JOYMALYA BAGCHI, RAJARSHI BHARADWAJ, JJ.
MD. JAMAL @ JAMALUDDIN - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C.R.A. 236 of 2014
Decided on : 18-12-2017
For the Appellant :Mr. Jayanta Narayan Chatterjee, Mr. Apalak Basu, Mr. Amit Biswas, Mr. S. Naskar, Mr. Nazir Ahmed, Mr. Abhradeep Jha, Advocates.
For the Respondent:Mr. Ranadeb Sengupta, Advocate.
The main legal point established in the judgment is the assessment of evidence in cases of homicidal death and the assurance given by the accused regarding the victim's safety.
Headnote:
498A/304B - Homicidal Death - Indian Penal Code - Section 498A, Section 304B
Fact of the Case:
The victim suffered a homicidal death at her matrimonial home within three years of her marriage. She had been subjected to continuous torture over demands of gold ornaments. The appellant no.1 assured that he would not subject his wife to further torture, but soon thereafter, the victim suffered homicidal death at her matrimonial home. The appellant no.1 was present at the time of occurrence and failed to give any explanation for the cause of her death.
Finding of the Court:
The court found the appellant no.1 guilty of the offences punishable under sections 498A and 304B of the Indian Penal Code, while acquitting the appellant nos.2 and 3. The court enhanced the sentence of the appellant no.1 to 14 years of rigorous imprisonment for the offence under section 304B of I.P.C.
Issues: The issues included the assessment of evidence regarding the victim's death, the assurance given by the appellant no.1, and the presence of the appellant no.1 at the time of the victim's death.
Ratio Decidendi: The court relied on the evidence of torture over demands of gold ornaments, the assurance given by the appellant no.1, and the autopsy surgeon's opinion of homicidal death due to strangulation.
Final Decision: The court upheld the conviction of the appellant no.1 and enhanced his sentence, while acquitting the appellant nos.2 and 3.
JOYMALYA BAGCHI, J.
1. The appeal is directed against judgment and order of conviction dated 21.02.2014 passed by learned Additional District & Sessions Judge, 2nd Fast Track Court, Islampur, Uttar Dinajpur in Sessions Trial No.70 of 2010 arising out of Sessions Case No. 85 of 2010 convicting the appellants for commission of offences punishable under Section 498A/304B of the Indian Penal Code and sentencing appellant no.1 to suffer simple imprisonment for ten years and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for six months more for the offence punishable under Section 304B of I.P.C. and to suffer simple imprisonment for one year and to pay a fine of Rs. 1000/-, in default to suffer further simple imprisonment for six months more for the offence punishable under Section 498A of I.P.C. and sentencing appellant nos.2 and 3 to suffer simple imprisonment for seven years and to pay a fine of Rs. 1000/- in default to suffer simple imprisonment for six months more for the offence punishable under Section 304B of I.P.C. and to suffer simple imprisonment for one year and to pay a fine of Rs. 1000/-, in default to suffer six month more for the offence punishable under Section 498A of the Indian Penal Code, all the sentences are to run concurrently.
2. The prosecution case, as alleged, against the appellants and other accused persons, is to the effect that the victim, Bibi Gulbanu was married to the appellant no.1 Md. Jamal @ Jamaluddin three years ago. At the time of marriage various gifts were given as per the capacity of the family of the victim. The accused persons were not satisfied with the gift and started physical torture upon the victim on demands of two bhoris of gold. She was driven out from her matrimonial house on several occasions and upon persuasion of her family members she was brought back to the matrimonial home. Sometimes prior to the incident the accused persons again drove her out from the matrimonial home. Over the issue, a salish was held on 13.07.2003 in the house of the ex-pradhan, Nasim (PW 9). In presence of witnesses, the appellants assured that they would not torture the victim and on such assurance victim was sent back to the matrimonial home. On 23.07.2003 her brother Md. Yusuf received intimation that his sister had died due to hanging. He went to the matrimonial house of his sister and found her hanging in the western side room. His sister had died on the previous day but the accused persons had not given any news to them earlier. Yusuf suspected that the accused persons had either killed his sister or she had committed suicide due to their torture. On the basis of the written complaint of Md. Yusuf (P.W.1), Islampur PS Case no.125/03 dated 23.07.2003 under Section 498A/304B/34 IPC was registered against the appellants and others. In the course of investigation, post-mortem report of the victim was collected which disclosed that the victim had suffered a homicidal death. Charge sheet was filed under Section 498A/304B of the Indian Penal Code against the appellants and other accused persons. The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court-II, Islampur for disposal of the case. Charges were framed under Section 498A/304B of the Indian Penal Code against the appellants and other accused persons.
3. Prosecution examined 14 witnesses and exhibited a number of documents. The defence of the appellants and other accused persons was one of innocence and falsely implication. In conclusion of trial, the trial Court by the impugned judgment and order dated 21.2.2014 convicted and sentenced the appellants, as aforesaid. However, the other accused persons, namely, Perveen Khatun, Shirua Khawa and Hasabuddin @ Hisabuddin were acquitted of the charges levelled against them.
4. In view of the fact that the victim appeared to have suffered homicidal death, rule had been issued by this Court upon the appellant
