Case: Balbina Tandon & Ors. v The State of West Bengal & Ors.
Case No: C.R.R 2798 of 2016
Appearance
Petitioner: Mr. Sandipan Ganguly
State: Mr. Prasun Kumar Dutta, Mr. Subrato Roy.
CORAM: The Hon’ble Justice Rai Chattopadhyay
Order dated: 28/11/2023
Introduction
The High Court of Calcutta has disbanded an application filled under section 482 of CRPC by a wife, for quashing criminal proceedings initiated against her under Section 306 IPC for abetment to suicide of her deceased husband.
Facts of the Case
The petitioners have filed the present revision under Section 482 of the Cr. P.C, 1973, to seek an order of this Court quashing the proceedings under Sections 306/34 IPC.
The charge sheet was submitted arraying all the present petitioners as accused persons, on the allegations that torture inflicted by them has prompted the victim to commit suicide and thus the present petitioners have abated his fateful death, and an offense under Section 306 IPC has been committed by all the present petitioners in furtherance of their common intentions.
Petitioners, in this case, have contended inter alia that the FIR or any other material would not reveal the commission of the alleged offense against them. The advocate for the petitioner submits that the essential ingredient of the petitioners directly instigating the victim for the commission of suicide would not be available in this case. He has further stated that there is no intentional aiding or any positive act on the part of the petitioners to sustain the allegations of the de facto complainant. It has been submitted that the petitioner along with her minor child has been living separately from the victim for a considerable period. He emphasizes that there has been no direct contact or day-to-day transaction, interaction, or communication between the parties to even give rise to a situation where the petitioners might have instigated the victim for commission of suicide. He says that by no stretch of the imagination, any involvement of his clients can be conceived regarding what has happened or else it would contradict the settled law of the land in this regard. the ‘suicide note’ recovered, in this case, cannot be seen to be a simple declaration of self-condemnation of the said person. It also primarily reveals some other shades of emotions of the person, which cannot be undermined in any way. He writes that his wife and daughter are like dead persons, to him and they should not be allowed to attend his funeral. At the end of the said ‘note,’ the deceased writes that none of his matrimonial relations including his wife or child, should be allowed to see the dead body.
Analysis of the court
it is found that the investigation in this case has already been completed and the charge sheet has been filed, let the trial Court immediately proceed for commitment of the case, if not done as yet and the trial be commenced, within a period of four weeks from the date of receipt of copy of this order. The trial Court is requested to complete the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties. Needless to mention that the trial Court shall proceed independently and without being influenced by any of the findings of this Court, in this judgment, while proceeding with the trial of the case.
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Written By
Kaulav roy chowdhury
