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CRR/1209/2004 on 24 June, 2019


24.06.2019. C.R.R. No. 1209 of 2004

Administrative notice was duly issued upon the petitioner/defacto

complainant who has refused to accept the notice as per the report of the Head

Clerk of the learned CJM’s Court, North 24-Parganas.

This revisional application was preferred by the defacto

complainant/petitioner challenging the judgment and order February 27, 2004

passed by the learned Additional District and Sessions Judge, First Court, North

24-Parganas in connection with Sessions Case No. 14(5)95 acquitting the

accused/opposite party nos. 2 to 7 of a charge under Section 498A/Section306 of the

Indian Penal Code.

The facts leading to the instant case is that the younger sister of the

defacto complainant Swapna Ghosh was a student of Ashit Ghosh who used to

inculcate Swapna as her private tutor since long. Due to free mixing for a

considerable period Swapna became pregnant and gave birth to a male child who

had died after 2/3 days of her birth. Through the intervention one of the local

people the marriage between Swapna and Ashit was materialised on 13.05.1993.

After marriage, the husband’s elder brothers Nikhil, Ashoke and Dilip and parents-

in-law used to inflict physical and mental torture upon her. The inmates of

Swapna’s in-laws bouse also insulted the defacto complainant and others. They

also threatened them. It is also alleged that on 07.11.93 the defacto complainant

went of his house at about 10.00 p.m. on hearing a roar heard that Swapna

committed suicide by hanging. It is the firm conviction of the defacto complainant

that his sister committed suicide following intolerable torture by the family

members or her in-laws house.

On completion of the investigation charge sheet was submitted against the

Opposite Party Nos. 2 to 7 and another who were placed on trial before the

learned Additional Sessions Judge, 4th Court, Barasat, North 24-Parganas in

connection with the said case.

Prosecution examined as many as 13 witnesses. P.W.-1, Sanjib Ghosh, the

brother of the accused, P.W.-2, Santa Bala Ghosh, the mother of the deceased,

Ranjit Ghosh, the brother of the deceased whereas the P.W.-4, Pradip Lala, P.W.-

5 Santa Ghosh, P.W.- 6, Nishi Kanta Ghosh, P.W.-7, Dilip Chatterjee are the


It has been submitted that testimonies of the said witnesses are evident to

prove the fact that due to free mixing of the accused no. 1, who was a private tutor

the victim had conceived and gave birth to a male child and the said child had died

few days of its birth. The accused persons initially refused to marry the victim but

due to some intervention of the villagers marriage was solemnised and the

demand of the accused persons for a sum of Rs. 60,000/- as dowry was given by

the parents of the deceased. After marriage the accused persons started

systematic torture on her physically and mentally. As a result, she set herself on

fire and committed suicide.

The grounds taken in this revisional application that despite the said

material evidence on record the learned Sessions Judge acquitted the Opposite

Party Nos. 2 to 7 from charges under Sections 498A/Section306 of the Indian Penal Code

thereby committed gross miscarriage of justice by acquitting the accused persons.

It has also been pointed out that the learned Judge has completely overlooked the

evidence of the prosecution witnesses mainly the relations of the deceased and

the neighbouring witnesses of her in laws. Accordingly the petitioner/defacto

complainant has prayed for setting the judgment and order for acquittal.

I have perused the judgment and order impugned. It would appear from the

evidence of the defacto complainant, the brother of the deceased that at the night

on 07.11.1993 he did not lodge any complaint but inspite of that the police started

investigation and examined him on 07.11.1993. It is also revealed from the

judgment that there is no evidence to show that the complainant at all paid a sum

of Rs.60,000/- as alleged in the complaint. The defacto complainant had allegedly

paid the said sum by selling his landed property but no documentary evidence

was produced to establish the said fact that the defacto complainant had procured

the said sum after selling the property to meet the demand of the accused


It is settled principles of law that general allegation of torture does not make

out any case of abatement to commit suicide and there is no evidence to establish

direct nexus or proximity prior to the suicide to establish charge of abatement.

For the reasons discussed above, I do not find any ground to interfere into

the judgment and order impugned. Accordingly, the revisional application being

CRR No. 1209 of 2004 stands dismissed.

Urgent photostat certified copies of this order, if applied for, be made

available to the parties upon compliance of the requisite formalities.

(Shivakant Prasad, J.)

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