Calcutta High Court (Appellete Side)
Smt. Mamata Das vs The State Of West Bengal And Others on 17 August, 2022
D/L73 C.R.R 4551 of 2009
August 17,
In Re: An application under Section 401 read with Section 482 of the
Bpg.
Code of Criminal Procedure;
Smt. Mamata Das
Versus
The State of West Bengal and others
Mr. Tapan Dutta Gupta,
Mr. Parvej Anam.
...for the petitioner.
Mr. Sandip Chakraborty.
...for the State.
The revisional application was preferred against the
judgment and order dated 17.02.2009 passed by the learned
Assistant Sessions Judge, 3rd Court, Paschim Medinipore in S.T.
Case No.XXVIII/July/2008 wherein the learned court was pleased
to acquit the private opposite party nos.2 to 6 in respect of the
offences under Sections 498A/34, 306/34, 304B/34 of the Indian
Penal Code.
The petitioner being aggrieved by such order of acquittal
was pleased to approach this Court.
The learned trial court specifically recorded that the
registration of the FIR was on the basis of an application under
Section 156(3) of the Code of Criminal Procedure, pursuant to
which Kotwali Police Station case was registered.
The fact of the case was that one Srabani Patra was
married to Biren Patra and was tortured physically and mentally at
her matrimonial home for bringing more dowry. As the victim was
unable to meet the demand of the accused persons, they assaulted
her and abetted her to commit suicide. It has also been held that
her mother-in-law set fire on her and the other accused persons
intentionally delayed to extinguish the fire and remained silent. She
was initially taken to the local hospital and from there to N.R.S.
Medical College where she died on 19th January, 2007. The fateful
incident occurred within one and half year of marriage.
After completion of investigation, charge-sheet was
submitted before the jurisdictional court and the case was
thereafter committed to the court of sessions. In order to prove its
case, prosecution relied upon 14 witnesses, while the defence was
that it was an accident. Learned trial court assessed the evidence of
the witnesses produced in support of the case by the prosecution
and thereafter arrived at a finding on the basis of the medical
evidence that the death occurred because the same was accidental
and not being suicidal. The court therefore, concluded that the
accused persons cannot be held responsible for the death of the
deceased Srabani Patra. Consequently, the court held that the
accused persons to be not guilty of the alleged offences and
acquitted them for the charges.
As none appears on behalf of the State, Mr. Sandip
Chakraborty, learned advocate, who ordinarily appears on behalf of
the State, is directed to represent the State. His appointment may
be regularised by the concerned authorities.
I have appreciated the reasoning so assigned by the
learned trial court while arriving at a conclusion of acquittal. I find
that the reasons are based on facts and particularly medical
evidence which has been specifically recorded in the impugned
judgment and order.
Having regard to the reasons so assigned by the learned
trial court, I am of the opinion that it would not be fit and proper to
interfere with the order of acquittal.
Consequently, the revisional application being CRR 4551
of 2009 is dismissed.
Pending application, if any, is consequently disposed of.
Interim order, if any, is hereby vacated.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
