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IN THE HIGH COURT OF CALCUTTA
Chitta Ranjan Dash, Partha Sarathi Sen, JJ.
Kalabati Gupta And Others - Appellant
Versus
State Of West Bengal - Respondent
C.R.A No. 644 of 2005 with IA No. CRAN 4 of 2007 (Old No. CRAN 542 of 2007)
Decided On : 20-09-2022
Dying Declaration - Criminal Law - Indian Evidence Act, 1872, Section 32 - Summary
Fact of the Case:
The case involved the conviction of three accused persons under Sections 498A/302/34 IPC based on a dying declaration made by the victim, who suffered burn injuries and subsequently died. The appellants challenged the judgment, arguing that the dying declaration was not admissible and that the evidence did not prove their guilt beyond reasonable doubt.
Finding of the Court:
The court found that the dying declaration was admissible and reliable, leading to the conviction of the accused. However, it also found that the evidence did not establish the guilt of the appellants under Section 498A IPC and that one of the appellants was a juvenile at the time of the incident.
Issues: The key issues included the admissibility and reliability of the dying declaration, the sufficiency of evidence to prove guilt under Section 498A IPC, and the determination of the juvenile status of one of the appellants.
Ratio Decidendi: The court held that the dying declaration was admissible and reliable, based on the provisions of the Indian Evidence Act, and the medical opinion that the victim was in a fit state of mind. It also emphasized the need for caution in considering dying declarations and the absence of a requirement for certification by a doctor. Additionally, the court considered the juvenile status of one of the appellants based on the Juvenile Justice Act.
Final Decision: The court set aside the judgment and order, acquitted the appellants of the charges under Section 498A IPC, and directed the case records to be sent to the Juvenile Justice Board for commencing a fresh trial against the juvenile appellant. The appellants were discharged from their bail bonds and set at liberty.
JUDGMENT
Partha Sarathi Sen, J. - The present appeal arises out of a judgement and order dated 25.08.2005 and 26.08.2005, as passed by Learned Additional Sessions Judge, 1st Fast Track Court, Hooghly, in Sessions Trial No. 30 of 2003(arising out of GR Case No.75 of 2003, P.S. Bhadreswar P.S. Case No. 29/2003 dated 11.02.2003, under Sections 498A/326 IPC). By the impugned judgement and order the Learned Trial Court found two accused persons namely; Onkar Nath Gupta (appellant no.2 herein) and Anil Gupta (appellant no.3 herein) guilty under Sections 498A/302/34 IPC and accused Kalabati Gupta (appellant no.1 herein) under Section 498 A IPC and thus, convicted them under Section 235(2) of the Cr.P.C.
2. The convicts felt aggrieved and thus preferred the instant appeal.
3. For effective disposal of the instant appeal, the facts leading to filing of Bhadreswar P.S Case No. 29 /2003 dated 11.02.2003, are required to be dealt with in nut shell.
4. On 11.02.2003, one Paresh Nath Bhagat, son of Late Gangaram Bhagat of Tarakeswar Mandir Para , P.S Tarakeswar , District Hooghly, lodged a written complaint with the Officer -in-Charge, Bhadreswar Police Station, District Hooghly, stating inter alia; that on 7th March, 2003, his sister Malati Gupta @ Malu Gupta was given marriage with one Onkar Nath Gupta, son of Kanta Prosad Gupta of Angus Majher Goalapara, P.S Bhadreswar, District Hooghly. It is the further version of the de-facto complainant that in such marriage which was solemnized as per Hindu Rights and Customs, he had given cash of Rs. 15,000/-, cot with bedding materials, gold and other nuptial gifts. It has been stated further by the de-facto complainant that thereafter his aforementioned sister went to her matrimonial home and started residing there with her husband as married couple. It has been alleged further that sometimes after the marriage of his sister, her husband Onkar Nath Gupta, her mother-in-law Kalabati Gupta and her two brother-in-laws namely; Sunil and Anil Kumar Gupta started torturing her both physically and mentally. It has also been stated in the said written complaint that in the mean time his sister had given birth of a male child but in spite of that the torture at the instance of the aforementioned persons increased day by day and whenever his sister used to come to her paternal home she used to disclose the said incidents of torture at the behest of the aforementioned persons to him as well as to the other family members. However, with the hope that in future everything will be in order, the family members of the de-facto complainant tried to pacify her grievance and sent her back to her matrimonial home. In the said written complaint it has also been disclosed that on 11.02.2003, he came to learn from others that on the said day at about 2:30 p.m his brother-in-law Onkar Nath Gupta and mother-in-law Kalabati Gupta set fire on her person and as a result whereof she was seriously ablazed and she was thereafter taken to Chandernagore Sub-Divisional Hospital for her treatment.
5. As stated above on receipt of such written complaint, Bhadreswar P.S Case No.291/2003 dated 11.02.2003, under Sections 498A/326 IPC was started. Investigation was taken up and on completion of the same charge sheet was submitted against Onkar Nath Gupta, Kalabati Gupta, Anil Kumar Gupta, Sunil Kumar Gupta and Kanta Prosad Gupta under Sections 498A/326/302/34 IPC and also under Section 3 of the Dowry Prohibition Act. After commitment learned Sessions Judge, Hooghly, transferred the aforementioned case to the learned trial court for trial and disposal. Lower Court Records reveals that the learned trial court on 10.11.2003, after considering the entire materials as placed before him and also on perusal of the CD, framed charges under Sections 498 A/304B/302/34 IPC against all the aforementioned charge sheeted accused persons. Since all the aforementioned charge sheeted five accused persons pleaded their innocence and claimed to be tried, the
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