LexANANDA MOHAN SEN AND ANR. versus STATE OF WEST BENGAL
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- A ANANDA MOHAN SEN AND ANR. v. STA TE OF WEST BENGAL MAY 16, 2007 B (S.B. SINHA AND MARKANDEY KA TJU, JJ.] Penal Code, /860-ss.498A and 306-Unnatural death of married lady at her matrimonial home-Immediately after the occurrence, accused- >- -- c husband and father-in-law fled away---Conviction of husband and father-in- law by Courts belov.~Justification of-Held, justified-Specific allegation that deceased was subjected to cruelty-Systematic torture evident- Presumption against accused under s. I I 3A of the Evidence Act-Prosecution established ingredients of offences falling both under ss. 498A and 306- Burden shifted on the accused which they failed to discharge-Evidence Act, D 1872-s. I /3A. The daughter-in-law of Appellant No.l was found dead at her matrimonial home. Appell:rnt No.2 is the husband of deceased. Immediately after the 'T occurrence, all the inmates of the house including the accused-Appellants ~ E fled away from the house. A First Information Report was lodged on the very day of incident alleging that the deceased committed suicide being unable to bear physical and mental torture upon her by the accused-Appellants. Trial Court convicted the Appellants under ss.498A and 306 IPC. High Court upheld the conviction. Hence the present appeal. F Dismissing the appeal, the Court HELD: 1.1. It may be that there are certain contradictions and omissions r but in a case of this nature the conclusion must be drawn from the totality of the circumstances. Deceased admittedly died an unnatural death. The prosecution evidences brought on records clearly suggest that she had been G subjected to cruelty both physical and mental. Existence of discord between the parties in regard to torture at least at one point of time is not in dispute. She had been driven out of her house. She had to come back to her parents house again and again. Her husband did not even make any enquiry about ..,.- .... her, when she was staying with her parents. A settlement had been arrived at H 1088 ANANDA MOHAN SEN v. ST ATE OF WEST BENGAL I 089 wherefor intervention of the members of the panchayat had been sought for. A Only upon the said settlement, the deceased came back to her matrimonial home. Unnatural death of the deceased must be considered from that point of view. [Para 25) (1097-F, G; 1098-AJ 1.2. The submission that the dispute was between deceased and her mother-in-law which is an usual thing and other members of the family were B not involved, does not appear to be correct. Deceased made allegations against all the family members. There is absolutely no reason if allegations against all the family members had not been made, why a settlement had to be arrived at. Evidence of PW-9, a close friend of the deceased, in this regard is significant. (Para 261 (1098-A, BJ C 2. Explanation appended to Section 4'18A defines cruelty in three parts. Clause (a) of the said Explanation itself is in two parts. One is any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide and the second part is to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. It may be that death by D itself may not lead to an inference that cruelty was meted out to the deceased, but in this case there are specific allegations. The witnesses proved the same. '-;" Ex.3-C, whereupon reliance has been placed by the Appellants, although no allegation had been made against her husband, the deceased categorically stated the type of torture which was being meted out to her. In Ex. 3, however, she categorically stated that even the garments which had been presented by E her parents were not liked by her husband and she had been abused and insulted by her husband. In some of the letters, it appears that she expressed her vent that she had thought of committing suicide but then consoled her mother that she would not do so. The contents of those letters had not been denied or disputed. Even in one of the letters Ex. A-1, she made allegations p ..., against her in laws during her stay at matrimonial home. Her mental condition during the stay at her matrimonial home can be well-imagined. For establishing a charge of cruelty, it is not necessary that the husband must always stay in the matrimonial home. Systematic torture of the deceased is evident in this case. (Para 27) (1098-C-G) 3. It is nobody's case that the death was an acc
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