rkd Ct. No.28 C.R.R. 1278 of 2017
Kiran Jha @ Kiran Kumar Jha Anr.
State of West Bengal
Mr. U.C. Jha,
Ms. Maheswari Sharma
….for the petitioner.
Order dated March 16, 2017 passed by the learned
Additional Sessions Judge, 17th Court, Alipore in S.T.
No.06(03)17 arising out of S.C. No.28(11)16 rejecting the prayer
for discharge of the petitioner has been assailed.
Prosecution case against the petitioner is to the effect that
the victim Soni Jha was married to Bikram Jha on 31.02.2008
and she was subjected to mental and physical torture by her
husband Bikram and other in-laws including the petitioners
being the brother-in-law and sister-in-law respectively of the
victim/housewife. Such torture was meted out to the victim as
she was unable to give the further demands of dowry. Unable to
bear such torture she died an unnatural death on 28.9.2013.
Over such issue, criminal case was registered against the
petitioner and other accused persons under Sections
498A/304B/34 of the IPC. Post mortem report collected in the
course of investigation revealed that the victim had suffered a
suicidal death. In conclusion of investigation, charge sheet was
filed under Section 498A/304B of the IPC and 3 and 4 of the
Dowry Prohibition Act. It has been argued that the petitioners
are no way connected with the alleged offences and ought to have
been discharged from the case.
I have considered the materials on record which discloses
that the victim/housewife suffered suicidal death at her
matrimonial home within seven years of her marriage. There are
also materials disclosing allegations of cruelty meted out to her
by her husband and the in-laws including the petitioner. There is
a statutory presumption under Section 113A of the Evidence Act
that the husband and in-laws of a victim housewife, may have
abetted her suicide committed within 7 years of her marriage if it
is shown that she had been subjected to cruelty by them. In view
of such fact refusal to discharge the petitioners from the instant
case cannot be said to be contrary to law. Impugned order is
Petition is dismissed.
Certified copy of this order, if applied for, be given to the
parties on priority basis.
(Joymalya Bagchi, J.)