Calcutta High Court (Appellete Side)
Goutam Ghosh vs Unknown on 1 May, 2023
01.5.2023
SB
Ct. No.236
CRR 3287 of 2005
In the matter of : Goutam Ghosh
Mr. Prabir Majumder
Mr. Snehangshu Majumder ... for the petitioner
Affidavit of service is taken on record.
Despite service none is appearing on behalf of the opposite
parties.
This revisional application challenges the judgment passed
by the learned Additional Sessions Judge, Fast Track Court IV,
Krishnagar, Nadia in S.T. No. XI (3) / 2005, regarding an order of
acquittal.
Briefly stated, Sri Goutam Ghosh set the criminal
proceeding into motion by informing the officer-in-charge of
Hogolberia P.S. that his sister Kakoli Ghosh @ Bebi committed
suicide by setting her ablaze on 17.12.2000 at the instance of
Girindra Nath Ghosh and his two sons Pranab Kumar Ghosh and
Ashish Kumar Ghosh. The proposed bride groom changed their
mind and decided not to marry his sister who was depicted as a
lady of ill-repute. As the information disclosed offence cognizable
in nature Hogolberia P.S. Case No. 124/2000 was registered on
17.12.2000 under Section 306 of the Indian Penal Code. Police
took up investigation which culminated into submission of charge
sheet. Prosecution examined fifteen witnesses to prove the
charge. Learned Trial Court after considering the evidence of
prosecution witnesses both oral and documentary was pleased to
pass the impugned judgement.
Mr. Majumder, learned counsel representing the petitioner
submits that the victim was aged about eighteen years. Her
marriage was fixed with P.W. 7 Provas Ghosh. In the meantime,
the accused persons who happens to be the neighbours of the
victim and had enmity with the family of the informant, had the ear
of Provas Ghosh and depicted the victim as a girl of ill-repute and
being influenced by the accused person Provas Ghosh changed
his mind and decided not to marry the victim girl. She could not
endure such insult and put an end to her life. Learned Trial Court
only relied upon the testimony of P.W. 7 Provas Ghosh who was
declared hostile by the prosecution and recorded the order of
acquittal.
I have carefully perused the evidence on record.
From the attending facts and circumstances of the case, it is
admitted that Kakoli Ghosh committed suicide by setting herself on
fire on 17.12.2000. Though it is the specific case of the
prosecution that she committed suicide as the accused persons
depicted kakoli before the proposed bride groom as a girl of ill-
repute, there is no such evidence to substantiate the prosecution
case.
On the contrary P.W. 7 Provas Ghosh stated that as he did
not like Kakoli he decided not to marry her.
Under such circumstances, I do not find any ingredient of
offence within the meaning of Section 107 of the Indian Penal
Code to hold that the accused persons committed any offence
punishable under Section 306 of the Indian Penal Code..
The revisional application is bereft of merit and is
dismissed.
There shall be no order as to costs.
It appears from the postal report that opposite party no. 1
Girindra Nath Ghosh is dead.
Department is directed to amend the cause title.
The proceeding against the opposite party no. 1 stands
abated.
(Siddhartha Roy Chowdhury, J.)
