(Samayan Haque vs State Of W.B. & Ors.) on 25 July, 2017

1

35 25.07.2017
an Court No. 34

CRR 406 of 2015
(Samayan Haque vs. State of W.B. ors.)

Mr. Debapratim Guha
Mr. Rajib Lochan Chakraborty
Mr. Priyanjit Kundu
…………. for the Petitioner

Mr. Partha Pratim Das
Mr. Dipankar Mahato
…………. for the State

At the very outset, the learned counsel appearing on behalf of the

petitioner had attempted to make a pincer movement contending inter alia that the

investigation was conducted in a very slip-shod manner and so also the trial

conducted by the learned Assistant Sessions Judge, Islampur, Uttar Dinajpur.

According to the petitioner, the victim was severely assaulted on the

fateful day at or about 11.00 hours and inspite of the said fact of death reported to

the defacto-complainant at or about 9.00 P.M. and they got the information that the

victim died due to diarrhoea. An unnatural death case was started and, thereafter,

the inquest and the postmortem were done. The postmortem report reflects that

there is no injury as such but the victim died for some other reason. It was sensed

by the concerned doctor that she might have consumed poison but the FSL was not

done.

The petitioner further contended that on the date of incident, the victim

was tortured and assaulted. While discharging the accused, the learned trial court

did not consider that aspect of the matter. He also submitted that the conduct of

the accused suggests that he has indirectly induced the victim to commit suicide.

As against this, the State contended that there is no element of Sections

498A/306 of the Indian Penal Code in this case. The alleged demand of dowry was
2

made 17 to 18 years back, which cannot be believed. He further contended that

there is no inducement or instigation from the accused persons which led the victim

to commit suicide.

On perusal of the case diary, it seemed to me that there is no material so

far as Sections 498A/306 of the Indian Penal Code is concerned but certainly the

accused persons shall have to face trial under Section 323 of the Indian Penal Code

because in case of assault of such nature, injury may not be seen and that too after

one day.

Hence, in view of the above observations, the revisional application

stands allowed in part.

The impugned order passed by the learned Assistant Sessions Judge,

Islampur, Uttar Dinajpur is hereby set aside. It is further directed that the

concerned learned Judge shall transfer the case being G.R. case no. 2141/2010 to

the learned Additional Chief Judicial Magistrate for holding the trial.

The learned Assistant Sessions Judge, Islampur, Uttar Dinajpur shall

send the copy of the order to the learned Additional Chief Judicial Magistrate within

two weeks from the date of receipt of the copy of this order.

Urgent certified photostat copy of this order, if applied for, shall be given

to the parties as expeditiously as possible on compliance of all necessary formalities.

(Siddhartha Chattopadhyay, J.)

Leave a Comment

Your email address will not be published. Required fields are marked *