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.)