Surendra Debnath & Ors. vs State of West Bengal

Rajarshi Bharadwaj, J.

The Appeal is directed against the judgment and order dated 23rd April, 2012 passed by learned Additional District & Sessions Judge, Fast Track 3rd

Court, Alipurduar, Jalpaiguri in connection with Sessions Case No. 263 of 2008 and Sessions Trial No. 66 of 2008 convicting the appellants for

commission of offence punishable under sections 498A and 306 of the Indian Penal Code. The appellant nos. 1 and 2, namely Surendra Debnath and

Promoda Debnath were awarded a sentence to suffer rigorous imprisonment for one and half (1 ½ ) years each and to pay fine of Rs.

2,000/(Rupees two thousand) only by each of them, in default they have to suffer rigorous imprisonment for six (6) months more for the commission of

offence punishable under section 498A of the Indian Penal Code and appellant no. 3 namely Krishna Debnath was awarded a sentence to suffer

rigorous imprisonment for three (3) years and to pay fine of Rs. 2,000/-, in default of making payment of fine he has to suffer rigorous imprisonment

for six (6) months more for the commission of offence punishable under section 498A of the Indian Penal Code. Considering the old age of the

convicts, Surendra Debnath and Promoda Debnath have to suffer rigorous imprisonment of four (4) years each and to pay fine of Rs. 2,000/- (Rupees

two thousand) only each of them, in default they have to suffer rigorous imprisonment for six (6) months more for the offence punishable under

section 306 of the Indian Penal Code and the appellant no. 3, named Krishna Debnath has to suffer rigorous imprisonment for seven (7) years and to

pay fine of Rs. 5,000/- (Rupees five thousand) only, in default of making payment he has to suffer rigorous imprisonment for one (1) year more for the

offence punishable under section 306 of the Indian Penal Code. Both the sentences for two separate offences shall run concurrently.

At the very outset, it is informed that the appellant nos. 1 & 2 have expired. Appeal stands abated so far as the above two appellants are concerned.

The prosecution case in brief as alleged against the appellant no. 3 (hereinafter referred to as the appellant) on the basis of a written complaint lodged

by one Harendra Debnath before the Officerin-Charge, Samuktala Police Station, Jalpaiguri on 22nd July, 2004 is that the father of the victim gave

marriage of his daughter namely Rita Debnath with one Krishna Debnath, the appellant herein two years back.

Within few days of marriage, the husband of Rita and her in laws used to inflict torture upon his daughter both physically and mentally in her

matrimonial home. He came to learn about the said torture when Rita used to visit his home. It was further alleged that one ‘salish’ was held

with the intervention of the villagers for causing torture upon his daughter by her husband but he asked his daughter to keep patience and to lead

conjugal life. On 7th June, 2004 around 6 P.M. in the evening her daughter was compelled to commit suicide by consuming poison owing to severe

torture caused by the appellant.

On the basis of the written complaint lodged by Harendra Debnath, father of the victim, a criminal case, being Samuktala P.S. Case No. 45/04, dated

22nd July 2004 under section 498A and 306 of the Indian Penal Code was registered and after completion of the investigation, the charge sheet was

submitted against the appellant. Charges were framed under Sections 498A and 306 of the Indian Penal Code. The case was committed to the Court

of Sessions Judge and transferred to the Additional Sessions Court, Fast Track 3rd Court, Alipurduar for trial and disposal. The appellant pleaded not

guilty and claimed to be tried. In the course of trial, prosecution examined as many as 19 witnesses and exhibited a number of documents. The

defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgment and order dated

23rd April, 2012 convicted and sentenced the appellant, as aforesaid.

Ms. Mousumi Bhowal, learned Counsel for the appellant argued that the evidence of prosecution witnesses does not establish cruelty on the

victim/housewife. Furthermore, the accused Krishna Debnath was not present at the place of occurrence and there is no direct evidence that the

appellant had ever assaulted the victim forcing her to commit suicide. She accordingly prayed for acquittal of the appellant. On the other hand, Ms.

Faria Hossain, learned advocate appearing on behalf of the state argued that the evidence on record clearly established that the victim housewife

committed suicide within two years of her marriage at her matrimonial home. The appellant was unable to give any plausible explanation leading to her

untimely death. It was also submitted that there is ample evidence on record that the victim was subjected to torture including physical assault at her

matrimonial home forcing her to commit suicide clearly establishing the ingredients of the offences punishable under sections 498A and 306 of the

Indian Penal Code. Accordingly, she prayed for dismissal of appeal.

 I have heard learned advocates for the parties and considered the rival contentions in the light of evidences on record. P.W. 1, Harendra Debnath,

father of the victim, Rita Debnath during examination stated that he is the de facto complainant of this case and Rita was his daughter. He gave

marriage of his daughter with one Krishna Debnath of Village Uttar Mahakalguri, Police Station - Samuktala about 6 years ago in accordance with

Hindu Rites and Ceremonies. At the time of marriage, he gave gold ornaments, other articles and cash of Rs. 5000/- to the accused as dowry.

After marriage his daughter went to her matrimonial house and started residing there with her husband, father-in-law and mother-in-law. He further

stated that his daughter told him that Krishna Debnath was demanding a bicycle and as he could not arrange money, Krishna Debnath along with his

father and mother had started torture upon his daughter. His daughter Rita Debnath came to his house and told that she was not allowed to take food.

When she took her lunch, her husband used to throw the food plate and kept her hungry. She also told him that her husband, mother in law and sister

in law assaulted her physically. He asked his daughter to compromise with the accused persons and again took her to her matrimonial home. In the

middle of year, 2004 his daughter committed suicide by taking poison as the degree of torture became unbearable to her.

During life time of her daughter there was a Salish in the village of the accused regarding torture upon his daughter by the accused persons. The

accused persons promised before the Salish that they would not torture upon his daughter any further but thereafter due to torture his daughter

committed suicide. He asked one Ranjit Pandit to write First Information Report on his behalf and under his instruction and in his presence the said

Ranjit Pandit wrote the First Information Report and read over the contents to him. During cross-examination, P.W. 1 stated that he has stated before

the scribe that his daughter told him that her husband demanded a bicycle from her and as he failed to fulfil the said demand, her husband and her in

laws started torture upon her both physically and mentally. He also stated that he informed the Panchayat Member namely Durga Debnath about the

physical and mental torture by the accused persons.

P.W. 2, Arati Debnath, during examination in chief stated that she did not have any visiting terms in the house of the accused. So, she could not say

how the victim resided in her matrimonial house. Rita Debnath committed suicide in her matrimonial house few years back. The said witness was

declared hostile from the side of the prosecution and cross examined by the prosecution as well as defence.

During cross-examination by prosecution the said P.W. 2 stated that she only stated before the Investigating Officer that one day Krishna Debnath

chased the victim Rita Debnath by a lathi and she came running to her house. Her house and the house of the accused are intervened by only one

house. During cross-examination by defence the said witness stated that it is fact that Rita Debnath was happy in her family. She has only seen one

unpleasant incident between Rita Debnath and her husband.

P.W. 3, Rameswar Pandit, during examination stated that he knew Rita Debnath, the wife of Krishna Debnath. She committed suicide by taking

poison in her matrimonial house. He knew that Rita Debnath was well in her matrimonial house. The said witness was declared hostile and cross

examined by prosecution as well as defence. P.W. 4, Lakhi Debnath, during examination stated that he knew Rita Debnath and she committed suicide

in her matrimonial house, i.e. the house of accused person more than 2 and half years ago. The said witness was also declared hostile and cross-

examined by prosecution as well as defence.

P.W. 5, Sunil Debnath, during examination stated that after returning from his work in the evening, he heard that Rita Debnath committed suicide by

taking poison. The said witness was declared hostile and cross examined by prosecution as well as defence. P.W. 6, Manju Debnath, the mother of

the victim, Rita Debnath during examination stated that after marriage her daughter went to her matrimonial house and started living with her husband

and parents in law. Her daughter used to visit her house after her marriage. The appellant used to torture her daughter both physically and mentally on

the plea that she could not household work properly. Krishna Debnath used to assault her physically, especially when she used to sit for her lunch, the

accused persons were in the habit of throwing her food plate and did not allow her to eat properly. Accused, Krishna Debnath demanded a bicycle

from his in laws at the time of marriage. They are poor and they could not fulfil the demand of Krishna Debnath for which he used to assault and

torture on her daughter. As the degree of torture increased by the accused persons upon her, she committed suicide by taking poison.

 During cross-examination P.W. 6 stated that she spent nights in the house of the accused. Initially, after marriage the accused persons welcomed

her in their house properly only once or twice, thereafter, they did not welcome her in their house whenever she visited their house to see her

daughter. She had been talking terms with the neighbours of the accused. The neighbours also told her that the accused persons subjected her

daughter to physical and mental torture. She did not know the names of the neighbours of the accused. In the month of Falgun of that year when she

went to the house of the accused to bring her daughter to her house, the accused, Krishna Debnath used filthy languages towards her and also abused

her daughter with filthy languages. Thereafter, she took back her daughter to her house and she and her daughter felt very much insulted. At the end

of Chaitra her husband took her daughter to her matrimonial house and left her there. Thereafter, at the end of Jaistha her daughter committed suicide

by taking poison. She further stated that at the time of marriage the accused persons demanded gold ornaments but they had not demanded necklace

and payel.

P.W. 7, Ranjit Pandit is the scribe of this case. During examination, he stated that at the time of marriage Harendra gave cash, ornaments etc. to the

accused. The accused demanded a cycle from Harendra, but he could not meet the demand. Harendra told him about it. After marriage Rita went to

her matrimonial house. His house is nearer to the house of the accused. He was a frequent visitor there and he had his business also in that locality.

One day when he was in his brother’s house, he heard a hallah and saw that Krishna was chasing Rita with a lathi. Rita was running and took

shelter in a nearby house and some people gathered at the spot. He asked Krishna as to why he was chasing his wife with a lathi. He made complaint

against his wife. About four years ago Rita committed suicide by taking poison in the house of the accused. Harendra requested him to write a

complaint. He wrote the complaint under the instruction and presence of Harendra. He read over the same and thereafter, Harendra put his signature

on it.

During cross-examination, the said witness stated that he had visited terms in the house of accused. He went to their house several times. P.W. 8,

Jyoti Debnath, during examination stated that he was present at the time of marriage. He heard that the accused demanded a cycle at the time of

marriage. Rita after marriage went to her matrimonial house and started residing there with her husband and in laws. Whenever, Rita came to her

mother’s house she used to tell him that her husband, sister in law and parents in law subjected her to torture. The accused used to assault her

physically and mentally and did not provide her food. Rita committed suicide for more than four years ago by taking poison due to torture by the

accused.

P.W. 9, Mina Debnath, during examination stated that she could not say anything regarding the relationship between Rita with the accused persons.

Investigating Officer has not interrogated her. The said witness was declared hostile and during cross examination by the prosecution she stated that

the police interrogated her and on interrogation she stated to the police about the factum of torture. P.W. 10, Sanjit Pandit, during examination stated

that Rita Debnath committed suicide by taking poison about four years ago. He did not know the reason of her suicide. Learned Advocate for the

accused declined to cross examine him.

P.W. 11, Sachindra Debnath, during examination stated that four years ago Rita Debnath committed suicide by taking poison. Rita used to come to her

father’s house frequently. Rita at that time used to tell that her husband and family members in her matrimonial house subjected her to physical

and mental torture. They did not provide her proper food and clothing. During cross-examination P.W. 11 stated that Harendra was his neighbour.

Rita used to call him Mama. He visited the matrimonial house of Rita once or twice after her marriage. He was well received by the family members

of Rita Debnath when he visited her matrimonial house. It is fact that his house is situated contiguous to the house of Harendra Debnath.

P.W. 12, Anima Debnath, during examination stated that Rita Debnath committed suicide by taking poison about four years ago. After marriage Rita

used to come to her parent’s house frequently. At that time she told her that her husband, sister-in-law and mother-inlaw subjected her to physical

and mental torture. They did not provide her food or clothing. So, staying at her parent’s in law house she used to earn money by working in

another’s house to meet her personal expenses. During cross-examination this witness stated that Rita used to call her Mami. Police interrogated

her after a week from the date of incident.

P.W. 13, Aruna Debnath, during examination stated that Krishna Debnath and his parents were her neighbours. Rita Debnath was the wife of

Krishna Debnath. She committed suicide by taking poison at her matrimonial house. Krishna Debnath, his father, Surendra Debnath and his mother

Promoda Debnath used to torture Rita during her stay at her matrimonial house. They saw all the accused persons assaulting Rita physically and they

did not provide proper food to her. Her house is situated near the house of accused persons intervened by 2/3 bighas of land. She saw twice Krishna

Debnath chasing his wife to assault her physically as she demanded food to eat. As the degree of torture became unbearable, Rita committed suicide

by taking poison.

During cross-examination P.W.13 stated that she was not frequent visitor in the house of the accused. But she heard about the torture upon Rita

Debnath by the accused persons. Rita Debnath used to come to her house and told them about the torture she was suffering in her matrimonial house.

P.W. 14, Dr. Sajal Bhattacharjee during examination stated that he conducted post-mortem of the deceased, Rita Debnath, female, aged about 25

years. On autopsy he found face of the deceased was congested, cyanosis observed of lips, fingers and toes, blood stain froth extending from angle of

mouth on left side. Post mortem report marked as Exhibit 2 and the signature of the doctor marked as Exhibit 2/1. He further stated that it appeared to

him that it was a case of poisoning.

P.W. 15, Ganga Dhar Karjee, the constable stated that he proved signature in the seizure list marked exhibit 4. During crossexamination this witness

stated that he did not have any personal knowledge about the incident. P.W. 16, Ansur Ali, another constable during examination stated that he signed

the dead body challan and his signature marked as Exhibit 5 and he identified the dead body to doctor. P.W. 17, Bhim Kumar Dural, A.S.I. of police

during examination proved his signature in the carbon copy of requisition which was sent for inquest of the deceased and also proved dead body

challan marked as Exhibit 5/1 and two seizure lists marked as Exhibit 7 and 7/1.

P.W. 18 is also an A.S.I. who prepared the inquest report. P.W. 19, Swapan Kumar Sengupta is the Investigating Officer in this case that on 22nd

July, 2004 he was posted at Samuktala Police Station as a Sub-Inspector. At that relevant time, S.I. Pankaj Thapa was the officer-in-charge of

Samuktala Police Station. He was entrusted for causing investigation of this case by the then officer-incharge of Samuktala Police Station. After

taking charge of investigation he perused the First Information Report and visited place of occurrence and prepared a rough sketch map with index.

He also examined the available witnesses and recorded their statement under section 161 of the Code of Criminal Procedure. He seized some articles

by preparing the seizure list marked as Exhibit 10.

He collected the post mortem report of victim and surathal report of deceased, Rita Debnath. He also collected FSL report. P.W. 19 examined Arati

Debnath, the mother of the victim, who stated that after the marriage husband Krishna Debnath, mother-in-law and sister-in-law Meghi had started

torturing upon Rita mentally and physically in different ways and being unable to bear their torture on 7th June, 2004 Rita consumed poison behind the

cow shed of her husband’s house and expired at the Alipurduar Hospital. One day, perhaps 6/7 days before the death of Rita (Krishna’s wife)

at about 10 A.M. there was a hue and cry going on at the house of Krishna consisting of the scolding and crying of all of their parents and sister and

often it was being heard that Krishna’s wife Rita was crying. Krishna, being excited by the instigating words of his sister Rita alias Meghi, mother

Talki, father Surendra, started beating Rita as they encouraged him to beat her more instead of resisting him from doing so.

She saw that Krishna’s wife Rita Debnath was coming out of her house hurriedly and falling down on the ground again and again and running

towards her to save her life and behind her Krishna was beating her with a bamboo stick breathlessly. The hairs of Rita were untidy and slovenly and

her clothes were disorderly just like what it should be due to tussle. In that situation her sister-in-law Meghi saw her and giving no scope, she rushing

from her house caught hold of the hairs of Rita and pulled her and fell her down on the ground and started striking her with fist and kicking her and

told that she would face the consequence of eating in other’s house by begging.

P.W. 19 also examined Rameswar Pandit, who stated that Krishna and her sister Meghi are very wicked and their parents were also like them. All of

them collectively used to torture upon the girl physically and mentally in a planned way. Krishna was a very illtempered fellow and used to beat Rita

ruthlessly with and without reason. They never gave her sufficient amount of food and clothes. They used to torture upon Rita very much. Being

unable to bear the torture committed by them, Rita chose to commit suicide consuming poison behind their cow shed on the last 7th June, 2004. P.W.

19 examined Laksmi Debnath, who during investigation stated before him that Krishna was a very angry fellow.

He, listening to the words of his mother and sister Meghi used to beat Rita very much. Rita’s mother-in-law did not use to give Rita sufficient

amount of food and did not use to give her clothes as per her requirements. She stated before the Investigating Officer that Rita was not allowed to go

to her paternal house and she was not allowed to go into the kitchen. She was only engaged in agriculture. Laksmi Debnath stated that at any chance

if Rita had to come to her, she used to say, “Please give me some food, my sister-in-law and mother-in-law have not given me anything. Being

unable to bear such kinds of torture Rita consumed the pesticides meant for spraying in the agricultural land from their cow shed on the last 7th June,

2004.â€​

These are all the oral evidence adduced by the prosecution witnesses. Needless to say that the primary allegation against the accused person is

physical and mental cruelty upon the victim lady forcing her to commit suicide. From the aforesaid evidence it appears that the victim was married to

the appellant and soon after the marriage she was subjected to physical torture at her matrimonial home by the appellant. I have also considered the

evidence of the neighbours of the victim namely P.W. 3, P.W. 12 and P.W. 13 in details. I find the evidence of the said witnesses is corroborated by

the other prosecution witnesses, who stated that there was regular quarrel between the victim and her husband. Motive of the crime has also been

proved by P.W. 1 & P.W. 6, who deposed that the appellant and the victim had bad relationship as the father of the victim could not meet all the

demands of dowry promised at the time of marriage.

Coming to the issue of sentence of Krishna Debnath, I find that the incident occurred on 7th June, 2004 and the judgement and sentence was passed

on 23rd April, 2012. The appellant is in jail since then. Under such circumstances, sentence imposed upon the appellant is modified to the extent that

the appellant is sentenced to suffer rigorous imprisonment for 3 (three) years for the offence punishable under section 498A of the Indian Penal Code

and to pay a fine of Rs. 2,000/- (rupees two thousand), in default to suffer rigorous imprisonment for six months. The appellant is also found guilty for

the offence under section 306 of the Indian Penal Code. His sentence on such score is reduced from rigorous imprisonment for 7 years to 5 years and

he is further directed to pay a fine of Rs. 5000/(rupees five thousand), in default to suffer further rigorous imprisonment for one year more. Both the

sentences shall run concurrently.

The appeal is, accordingly, dismissed. The period of detention suffered by the appellant during investigation, enquiry or trial shall be set off against the

substantive sentence imposed upon him under section 428 of the Code of the Criminal Procedure. Copy of the judgment along with LCR be sent down

to the trial court at once for necessary compliance. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after

complying with all necessary legal formalities.