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Gautam Dholey vs Unknown on 11 November, 2019

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15 11.11.2019

A.B. Ct.No.34

C.R.R. 1269 of 2006

In the matter of:- Gautam Dholey

Mr. Sujan Chatterjee
Mr. Sanat Kumar Das
………… for the petitioner

The revisional application has been preferred against the judgement

and order dated 31.1.2006 passed by the learned Additional Sessions

Judge, First Court, Hooghly in S.T. Case No. 62 of 2003 (S.C. Case No. 167

of 1999) wherein the learned Trial Court was pleased to acquit the accused

person from charges under Sectionsection 498A/Section306 of the Indian Penal Code. I

find from the judgement delivered by the learned Trial Court that there has

been proper assessment of the evidence. In fact the learned Trial Court has

considered and scrutinized each of the evidence appearing in favour of the

prosecution which is as follows:

“P.W. 1 has stated that the accused persons started perpetrating
physical and mental torture on his elder sister. P.W. 4 has stated that she
would be assaulted and tortured. P.W. 5 has also made a similar statement.
P.W. 6 stated that Jaya reported her the ill-behaviour of the members of her
in-law’s family towards her. P.W. 7 has also stated that the accused
persons would misbehave with Jaya. Evidence of P.W. 8 is that behaviour of
Jaya’s husband, Boudi, Bhasur and other members was bad towards Jaya.
Misbehaviour does not come within the fold of 498A SectionI.P.C. to establish the
charge of cruelty u/s 498A SectionI.P.C. consequences of cruelty which are likely to
drive a woman to commit suicide or to cause grave injury or danger to life,
limb or health, whether mental or physical of the woman is required to be
established. The evidence on record falls much short of proving the charge of
Sectionsection 498A I.P.C.”

The learned Trial Court after scrutinizing such evidence considered

the facts of the case in the background of the law relating to Sectionsection 498A

of the Indian Penal Code and so far as abetment is concerned in respect of

the provisions of Sectionsection 306 of the Indian Penal Code I have taken account

the judgement so delivered by the learned Trial Court as also the settled
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principles of law in case of revision against an order of acquittal passed by

the learned Trial Court.

This Court is empowered to interfere with an order of acquittal while

exercising its revisional jurisdiction only in cases where there has been

grounds for miscarriage of justice or there has been manifest illegality in

the procedure adopted by the learned Trial Court. It has further been

settled that if there are two view possible one in favour of acquittal of the

accused and the other in respect of his conviction then it would not be

proper for the High Court to re-appreciate the evidence and hold an

alternative view by concluding that if it would have been a Trial Court then

it would have convicted the accused.

Having due regard to the manner of appreciation of evidence,

scrutiny of the materials placed before the Trial Court as also the

established principles of law, I do not find that this is a fit case for

interference

Accordingly, CRR 1269 of 2006 is dismissed.

(Tirthankar Ghosh, J.)

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