The appellate court upheld the trial court's acquittal due to the prosecution's insufficient evidence, affirming that acquittals can only be overturned when findings are unjustifiable.

Mr. Partha Pratim Das Heard on : 03.07.2025 Delivered on : 03.07.2025 Rajarshi Bharadwaj, J.

1. The prosecution case, inter alia, is as follows:

2. One Aparna Das, daughter of Dr. Dwaraka Nath Chowdhury of 46/3A, Central Road, Jadavpur got married with Sibasish Das of 202/A, Netaji Subhas Chandra Bose Road, Calcutta-47, police station Jadavpur on 15^th April, 1993.

3. Shortly after the said marriage, Aparna saw one day her mother-in-law (accused-opposite party) in a very compromising position with one Shyamapada Deb Roy (accused, since deceased during the pendency of the trial) in their bed room. Since then she was subjected to torture both physically and mentally by the accused-opposite party i.e. by her mother-in-law, Smt. Bidyut Das and Shyamapada Deb Roy.

4. Prosecution’s further allegations are at that point of time Aparna’s father in-law was completely bed-ridden due to illness. On one night when her husband Sibasish Das was attending his ailing father, accused-opposite party suddenly entered inside the room of Aparna and tried to throttle her but she somehow escaped. The accused/opposite party and the said Shyamapada Deb Roy since deceased used to threat Aparna not to disclose the said fact what she saw in the bed-room of the accused-opposite party to anybody, even to her husband. Thereafter, further attempts were made for torturing by the accused- opposite party and Shyamapada Deb Roy by throttling as well by fire. They caused injuries to Aparna (de facto complainant) on different parts of her body including on breast and lower abdomen with the help of burning cigarette. That on 3^rd June and 4^th June, 1993, the accused-opposite party and Shyamapada Deb Roy both conjointly attempted to kill her by tying her saree with the ring of Gas Cylinder and by setting fire. She was narrowly saved from death.

5. Aparna (de facto complainant) reported the said factum of physical and mental torture to her parents (P.W.2 and P.W.3). She was medically treated by doctors. She sustained as many as eleven injuries on different parts of her body due to said physical torture inflicted on her body by the accused-opposite party and Shyamapada Deb Roy, since deceased. Thereafter, ultimately on 10^th June, 1993, she was removed to the Hospital because of her chest pain. While she was in the Hospital on 16.06.1993, she lodged a written complaint through her father (P.W.2) to Jadavpur Police Station for necessary steps thereof.

6. That on the basis of the said written complaint lodged by Aparna, Jadavpur P.S. Case No.377 dated 17.06.1993 under Sections 498A /307/34 of the Indian Penal Code was initiated against the accused-opposite party and another and the investigation of the said case was terminated with a charge- sheet dated 26.09.1993 against the accused-opposite party and another for offences punishable under Sections 498A /307/34 of the Indian Penal Code .

7. That on the aforesaid allegations as stated hereinabove the accused- opposite party was placed on trial before the learned Additional Sessions Judge, 2^nd Court, Alipore, District - South 24-Parganas to answer the charges under Sections 498A /307 of the Indian Penal Code as levelled against her.

8. That in order to substantiate the offence as charged against the accused- opposite party, prosecution examined in all eleven witnesses and tendered documents and materials as exhibits in support of the prosecution case. Now out of the eleven prosecution witnesses P.W.1 is the victim (de facto complainant) P.W.2, P.W.3 are the parents of the victim, P.W.4, P.W.5 are the local witnesses of the accused-opposite party’s place of re