Calcutta High Court (Appellete Side)
Raju Das vs Unknown on 17 May, 2022
17.05.2022
Srimanta
IA No.:CRAN/1/2022
in
CRA(SB)/53/2022
In Re : An application for bail under Section 389 of the Code
of Criminal Procedure, 1973 in connection with Sessions Trial
No. 20/2011 arising out of Sessions Case No. 185/2009
under Sections 326/498A/307 of the Indian Penal Code.
In the matter of : Raju Das
...appellant.
Mr. Atanu Biswas, Adv.
...for the appellant.
Ms. Faria Hossain, Adv.,
Mrs. Baisali Basu, Adv.
...for the State.
Marriage of the accused was solemnized under the
Special Marriage Act on 6th February, 2007. It is the
allegation against the accused being the husband demanded a
sum of Rs.20,000/- from the paternal home of his wife after
4/5 days of marriage. Over the said issue matrimonial
discord cropped up. The victim was subjected to cruelty by
her husband on 10th April, 2007. The husband of the victim
and her mother-in-law again demanded money from the
father of the victim. She informed the matter to her father.
Her father told her to send her husband to his house to take
the said sum of Rs.20,000/-. The victim informed the matter
to her husband. At this, the accused became furious,
mercilessly assaulted her, poured hot water on her body
when she rushed to the roof of her matrimonial home, the
accused followed her and pushed her from the roof of the
matrimonial house of the victim. The Learned Advocate for
the accused/petitioner submits that the accused was
convicted under Sections 498A/326/307 of the Indian Penal
Code. He was sentenced to suffer imprisonment for a term of
seven years for committing offence under Section 307 of the
Indian Penal Code. It is also submitted by the Learned
Advocate for the petitioner that the evidence-on-record is not
sufficient to convict the appellant for an offence punishable
under Section 307 of the Indian Penal Code. The victim was
initially admitted to Katwa Sub-Divisional Hospital. From
Katwa she was shifted to Kalna Sub-Divisional Hospital.
Again from Kalna Sub-Divisional Hospital she was shifted to a
private Nurshing Home and from private Nurshing Home she
was again admitted to Kalna Sub-Divisional Hospital.
Subsequently, from Kalna Sub-Divisional Hospital she was
taken to her paternal home. During investigation, the
Investigating Officer did not collect any medical document
from Kalna Sub-Divisional Hospital. It has not been
established beyond any shadow of doubt that the accused
pushed her from the roof of his house and she sustained
grievous injury. Therefore, he may be released on bail. It is
also submitted by him that during trial the accused was all
along on bail and he never misused the conditions of bail.
The Public Prosecutor-in-Charge has raised serious
objection against the prayer for bail.
I have perused the impugned judgment closely. From
the evidence of P.W. 9, Dr. Biswadip Mukhopadhyay it is
found that the victim was admitted to Kalna Sub-Divisional
Hospital on 11th April, 2007 with a history of lateral malleous
on right leg and fracture with partial compression of L1
vertebra. From the injury report, it is also ascertained that
she had a fall from above a height measuring about 10 feet
from the ground. Considering the allegation made against
the petitioner which has been held to be proved by evidence
by the Learned Trial Judge and the medical evidence as
stated above, I am not inclined to release the petitioner on
bail at this stage. Prayer for bail is, thus, rejected.
Since the appellant is in jail, the Learned Advocate for
the appellant may pray for hearing of the appeal on receipt of
the lower Court record dispensing with the formalities of
preparation of paper book etc.
The Department is directed to call for the lower Court
record at the earliest.
Liberty to mention.
( Bibek Chaudhuri, J. )
