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2024 Supreme(Cal) 1533
IN THE HIGH COURT AT CALCUTTA
Tirthankar Ghosh, J.
Srabani Sadar @ Sraboni Sardar & Anr. – Petitioners
Versus
The State of West Bengal – Respondent
C.R.A. (SB) 17 of 2023, C.R.A. (SB) 44 of 2023
Decided On : 30-09-2024
For the Appellant : Mr. Arnab Sinha, Mr. Amartya Basu, Ms. Asama Biswas.
For the Respondent: Ms. Sreyashee Biswas, Ms. Eshita Dutta.
Conviction for 498A and 306 requires clear, consistent evidence linking accused to the alleged crime, emphasizing the need for strong proof of complicity and specific actions rather than familial relationships.
Headnote:(A) Indian Penal Code - Sections 498A and 306 - Conviction and sentence of appellants for dowry harassment and abetment of suicide - Evidence showed persistent physical and mental torture inflicted on the deceased by her husband and in-laws, leading to her death - Court found that claims of quarrels and general allegations without credible proof against certain appellants were insufficient for conviction - Sentence of mother-in-law reduced to the time already served due to absence of further evidence of abetment. (Paras 27-30)
(B) Appeals - Standard of proof in cases of domestic violence and dowry harassment - Consistency in witness testimonies regarding the environment in the matrimonial home serves to implicate one party more than others - Need for clear and convincing evidence to convict each accused distinctly. (Paras 25-26)
Facts of the case:
The case arose from the tragic death of Amrita Hazra, who was allegedly subjected to severe torture by her husband and her in-laws, culminating in her death on 18.06.2017 after being administered poison. The complainant was her father, who detailed the ongoing abuse experienced by his daughter following her marriage in 2012. (Paras 1, 2)
Findings of Court:
The court differentiated between the roles of the appellants, finding evidence against the husband solid, while the sister-in-law and her husband were implicated without clear connections, leading to the setting aside of their convictions. Furthermore, the sentence for the mother-in-law was adjusted based on time served. (Paras 28-30)
Issues: The court addressed whether the sister-in-law and her husband bore any responsibility for Amrita's death despite established abuse by the husband and mother-in-law, and evaluated what constitutes sufficient evidence of complicity in such cases. (Paras 25-27)
Ratio Decidendi: Consistent accounts of abuse from multiple witnesses established severe distress within the matrimonial home, compelling the court to attribute primary responsibility to the husband while minimizing liability for the other appellants. The court maintained that mere familial connection does not suffice for culpability without demonstrable acts of complicity. (Paras 27-30)
Result: Criminal Appeal (SB) No. 17 of 2023 is allowed; Criminal Appeal (SB) No. 44 of 2023 is partly allowed.
| Table of Content |
|---|
| 1. appeal against conviction and sentence. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by the appellants and state. (Para 23 , 24) |
| 3. court's findings and reasoning on evidence. (Para 25 , 26 , 27 , 28 , 29) |
| 4. final orders and directives. (Para 30 , 31 , 32 , 33 , 34 , 35) |
JUDGMENT :
Tirthankar Ghosh, J.
The present appeal has been preferred against the judgment and order of conviction and sentence dated 19.12.2022 and 20.12.2022 passed by the Learned Additional Sessions Judge, Fast Track 1st Court, Howrah in Sessions Trial No. 314 of 2017 wherein the learned trial Court was pleased to convict the all appellants under Sections 498A/34 of the Indian Penal Code and the appellants Lakshi Mondal and Biswajit Mondal under Sections 306/34 of the Indian Penal Code and sentence them as follows:
(i) (a) For the offence under Sections 498A/34 of the Indian Penal Code - the appellants Smt. Srabani Sardar and Anath Sardar (Appellants in CRA (SB) 17 of 2023) were sentenced to suffer Rigorous Imprisonment for 02 (Two) years and pay a fine of Rs. 2,000/-, in default, to suffer further Rigorous Imprisonment for 06 (Six) months.
(b) The appellants Biswajit Mondal and Smt. Lakshi Mondal (Appellants in CRA (SB) 44 of 2023) were sentenced to suffer Rigorous Imprisonment for 02 (Two) years and pay a fine of Rs. 2,000/-, in default, to suffer further Rigorous Imprisonment for 06 (Six) months.
(ii) For the offence under Section 306 read with Section 34 of the Indian Penal Code – the appellants Biswajit Mondal and Smt. Lakshi Mondal were sentenced to suffer Rigorous Imprisonment for 7 (Seven) years and to pay a fine of Rs. 5,000/- in default to suffer further Rigorous Imprisonment for 1 (one) year.
2. Domjur P.S. case no. 505/2017 dated 18.06.2017 was registered for investigation under Sections 498A/302/34 of the Indian Penal Code on the basis of written information submitted by Alok Hazra (father of the deceased) with the Officer-in-Charge, Domjur Police Station. The allegations made in the written information were to the effect that on 18.11.2012, Amrita Hazra, daughter of the complainant was married to Biswajit Mondal. The marriage was solemnized according to Hindu Rites and Customs. After marriage Amrita (deceased) started leading her conjugal life with the accused Biswajit at her matrimonial home and a male child was born to the couple. The marital life of Amrita was not happy, as she used to be physically and mentally tortured by her husband and in-laws. On 17.06.2017 at about 10:00 P.M. the deceased Amrita informed her father who was at Delhi over phone about the torture being inflicted upon her. On 18.06.2017 at about 4:00 A.M. her father was informed over phone that his daughter Amrita was no more. On hearing such information, the complainant rushed back from Delhi, and as per his instructions, the written complaint was prepared and submitted with the Officer-in-Charge, Domjur Police Station. It was categorically informed in the written complaint that on 17.06.2017 from 8:30 A.M. in the morning the accused persons inflicted physical and mental torture upon the deceased and asked her to consume poison, on that day, at about 11:00 P.M. The accused persons forcibly administered poison to her, as a consequence of which, on 18.06.2017 at late night she started vomiting and became sick thereafter she was shifted to Domjur hospital, wherefrom she was referred to Medical College and Hospital, however she had been taken to one Besubon (sic) Nursing Home and then shifted to Green View Nursing Home, where she was declared dead by the doctor.
3. On receipt of the complaint the Officer-in-charge, Domjur Police Station was pleased to endorse the case to Priyanka Mondal (P.W.13), Sub-Inspector of Police attached to Domjur Police Station. The Investigating Officer on completion of investigation submitted charge-sheet before the learned C.J.M. Howrah. As the offences complained of in the charge-sheet were Sessions triable offences i.e. under Sections
