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
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
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
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.)