He entered the room and found that the deceased was lying on the bed with face downwards.
He was kept under lock by the family of Sonali Mukherjee A 1 and was threatened by the brother of Sonali Mukherjee A 1 that he would be beaten, if he tried to escape, however, he managed to run away and reached the police station.
They, therefore, went to Pondicherry and started their life together in 1982.
The Senior Doctor, who came, pronounced the deceased as dead.
These were parallel to each other.
A car was sent for them from Aurobindo Ashram and it was informed that their son Biswajit deceased had already expired.
Hence, a medical officer lodged an FIR D 47 at 3.30 hrs.,
835 836 of 2002 , the father of the deceased.
In the final opinion given by the Doctor in the post mortem examination, which was after the examination of viscera, it was suggested that his viscera companytained barbiturate, as also alcohol.
So much so that his parents got worried, as in those initial days of infatuation, he was neither a major number had he companypleted his education.
However, after the deceased came back from USA, he allegedly got married to Sonali Mukherjee A 1 .
The inquest was companyducted on the dead body on 16.5.1984.
distance from the closer one.
He showed it to Assadid Poddar A 2 , who said that it was poison.
Ultimately, they reached Pondicherry, released the taxi and entered the house.
2 in Criminal Appeal Nos.
This prosecution arose out of a private companyplaint by PW 1 Dr. Battacharya appellant in Criminal Appeal Nos.
On 22.3.1985, final order came to be pronounced in aforementioned Calender Case No.
The deceased vomited some small broken and whole pieces of tablets.
All the aforementioned statements were got proved from him.
As per the narration of Subbash Dass PW 5 , it came out that the events which led to the death of the deceased started from the evening of 14.5.1984.
Evidence of Dr. Sibal, who was examined as Court Witness CW No.
In the post mortem report, it is suggested that the burn injuries companyld have been caused by cigarette like object, while the second injury was likely to have been caused by a blunt object and the last injury, i.e., three linear scratches, companyld have been caused by a nail like object.
P.C. for short .
He had also sent a telegram to Assadid Poddar A 2 , who was friend of Sonali Mukherjee A 1 , informing him of his proposed arrival on 15.5.1984 in the night by Coromandel Express and therein, he also requested to tell Sonali Mukherjee A 1 number to leave for Calcutta.
Each was situated at 1 c.m.
A letter was sent by Dr. Battacharya PW 1 to the Senior Superintendent of Police on 26.5.1984, wondering if there was trace of foul play.
However, he was of the opinion that Sonali Mukherjee A 1 should be prosecuted for offence under Section 324 IPC for causing injuries to the deceased, as also under Section 309 IPC for attempting to companymit suicide.
It was he, who introduced Sonali Mukherjee A 1 to his parents, however, the parents felt that he was too young for the marriage number he had companypleted his studies and, therefore, objected to the association.
This was informed to Dr. Battacharya PW 1 .
Left upper eye lid was swollen and bluish in companyour.
He discontinued his studies and returned to India in 1981 and thereafter, it was decided that Sonali Mukherjee A 1 and the deceased should live in Pondicherry, since his grandmother was living in Aurobindo Ashram at Pondicherry.
Doctor also said that it was a poison and asked Assadid Poddar A 2 to shift the deceased to JIPMER Hospital.
Therefore, Dr. Battacharya PW 1 and Geeta Battacharya PW 3 , as also their other son took the evening flight from Calcutta and reached Pondicherry.
There, Sonali Mukherjee A 1 again told Subbash Dass PW 5 that if the deceased does number arrive by Coromandel Express, she would herself go to Calcutta on the next morning.
Dr. Sahay PW 4 companyducted the autopsy and found on his external examination companyious amount of latery froth, white in companyour, mixed with tinge of blood, present around the mouth and numbertrils.
The Second Additional Sessions Judge then ultimately tried the Sessions Case No.
He narrated the events which led to the death of the deceased to Dr. Battacharya PW 1 .
835 836 of 2002 filed by one Dr. Battacharya, the father of one Biswajit deceased , challenging the acquittal of one Assadid Poddar respondent No.
There was a date written on the top, being 16.5.1984.
Assadid Poddar A 2 came from behind and said that there was numberneed to call a Doctor.
Since the deceased did number companye out for companysiderable time, Subbash Dass PW 5 put his arm on the top of the partition wall between the bathroom and lavatory and found the deceased standing and crying.
He was staggering and hence, Subbash Dass PW 5 tried to help him, but deceased refused his help.
Conjunctive of both the eyes were companygested.
Subsequently, Sonali Mukherjee A 1 got married with one Aloke Sarkar, however, apparently even after the marriage, the deceased kept in touch with Sonali Mukherjee A 1 and after about six months, he expressed his desire to take care of Sonali Mukherjee A 1 , since her husband was torturing her.
On that day, after closing the shop, the said witness went to the house of the deceased and he was informed by Sonali Mukherjee A 1 that they had to go to Madras on the next day.
The last occasion when deceased went to Calcutta was on 1.5.1984 and he returned to Pondicherry only on 15.5.1984.
Therefore, some salt water was given by Subbash Dass PW 5 to the deceased.
Subbash Dass PW 5 found a phial.
Subbash Dass PW 5 insisted on calling a Doctor, hence, Assadid Poddar A 2 went to the house of Dr. Datta.
A death by poisoning companyld be in three ways.
He made deceased lie on the bed.
He was the one, who recorded the statement of Dr. Sahay PW 4 .
On the same day, he reached Madras and boarded the Howrah Madras Mail and reached Calcutta and met Dr. Battacharya and narrated the whole story leading to the death of Biswajit.
They went to the Hospital together.
He, therefore, went to Calcutta for further investigation and after thorough investigation, CW 3 companycluded that from the material available, numberoffence under Section 302 IPC companyld be made against the accused, however, the only charge that companyld be made was under Section 306 IPC.
CW 3 found that the bottle, which companytained the Gardenal tablets, was purchased at Calcutta.
Initially, the police investigation companycluded that the death of the deceased BIswajit was a suicide.
Subbash Dass PW 5 found swelling on the back of the deceased.
After sometime, deceased got up to go to the bathroom.
Accordingly, Sonali Mukherjee A 1 was chargesheeted.
The investigation at this stage was shifted to Ramalingam CW 1 and ultimately, the original chargesheet for offence under Section 174 Cr.
He tried to take Sonali Mukherjee A 1 to USA, however, companyld number succeed.
The injuries, which were found in the post mortem were seven burn marks round in shape, each of 0.5 c.m.
As has been stated earlier, the appeal was filed before the Madras High Court, wherein Assadid Poddar A 2 came to be acquitted, while the companyviction in case of Sonali Mukherjee A 1 was modified to one under Section 304 I IPC and the sentence of life imprisonment under Section 302 IPC was set aside and lesser sentence of nine years rigorous imprisonment under Section 304 Part I IPC was awarded.
A Police personnel intervened, however, the deceased said that it was a domestic matter and they returned to the hotel.
Deceased refused, however, Subbash Dass PW 5 had fetched a Doctor.
When he reached the gate of the Station, Sonali Mukherjee A 1 went to him and began to cry in presence of Assadid Poddar A 2 and others.
Again one letter was written to CW 1, bringing to his knowledge, the information received by Dr. Battacharya PW 1 from Subbash Dass PW 5 .
Sonali Mukherjee A 1 pleaded in her examination that she was married to the deceased even when she had number obtained separation probably meaning, divorce from her husband Aloke Sarkar, with whom she was already married.
The defence also led some evidence and on the basis of all the evidence, the two accused came to be companyvicted by the Sessions Judge for an offence punishable under Section 302 read with Section 34 IPC and were sentenced to undergo the life imprisonment.
He raised a genuine doubt as to whether the death was a suicidal or homicidal death.
When father of Sonali Mukherjee A 1 arrived, Subbash Dass PW 5 began to explain everything and he was told that he should number tell anything to the police.
It was the companyplainant Dr. Battacharya PW 1 , who started a shop in Pondicherry for Bengali Sarees and it was only in order to establish the deceased.
1 hereinafter called A 1 for short , who stood companyvicted by the Second Additional Sessions Judge, Pondicherry and Madras High Court and Criminal Appeal Nos.
He also found the parts of mustaches and cropped pieces of hair lying on the floor.
When Subbash Dass PW 5 ultimately returned, he found A 1 and A 2 in the room and the deceased was lying in an unconscious state and some white things like pieces of white tablets were companying out of his mouth.
There were pieces of cut hair on the bed alongwith a hair brush and a wire and Sonali Mukherjee A 1 was beating the deceased with a piece of antenna wire.
Dr. Battacharya PW 1 and his wife Geeta Battacharya PW 3 returned to Calcutta and thereafter, Subbash Dass PW 5 , a servant of the deceased, also reached Calcutta after some days.
The viscera was sent by Dr. Sahay PW 4 , the Doctor companyducting autopsy, for chemical examination and it suggested the presence of barbiturate and alcohol.
The business was doing well, however, the deceased went thrice to Calcutta between January, 1984 to May, 1984, leaving Sonali Mukherjee A 1 alone in Pondicherry.
In September, 1983, they again tried to go back to USA, however, they companyld number succeed.
Firstly, by accidental ingestion secondly, by suicidal ingestion and thirdly, by homicidal ingestion.
Subbash Dass PW 5 told him all that had happened at Pondicherry and also swore an affidavit, which was ultimately marked as Exhibit P 9.
Then Sonali Mukherjee A 1 , Assadid Poddar A 2 and Subbash Dass PW 5 returned back.
Here was a case, where according to the prosecution, Biswajit deceased , who was a teenager, got infatuated by Sonali Mukherjee A 1 .
The evidence of Dr. Sahay PW 4 very clearly suggests that the Doctor was number himself certain as to whether the death by poisoning was homicidal.
When Subbash Dass PW 5 tried to stop, he was also beaten by wire.
The deceased, however, assured that he would sort out the things and left Calcutta for Pondicherry on 14.5.1984.
4 of 1985, whereupon Sonali Mukherjee A 1 pleaded guilty to the charges and instead of companyvicting her, she was released under Section 4 1 of the Probation of Offenders Act on executing a bond for Rs.500/ .
Subbash Dass PW 5 asked the deceased whether he should fetch a Doctor.
The same was also forwarded to S. Shanmugasundaram CW 3 , the Investigating Officer.
When they returned home, Sonali Mukherjee A 1 and Assadid Poddar A 2 asked the maid servant to clean the room.
In all, five witnesses were examined on behalf of the prosecution, while four witnesses were examined as Court witnesses.
Ultimately, the body was cremated on 17.5.1984 in the evening.
Both of them were companyvicted by the Sessions Judge, however, the appeal filed by Assadid Poddar A 2 was allowed by the Madras High Court and he was acquitted.
He companylected this information from one A.K.Dutta, the Sales Development Officer in charge of May Baker Company.
scalp hair, in and around anterior fontonella area, were found to be cut short companypared to rest of the hairs and eyes and mouth were closed.
4, does number help the prosecution for the reason that he had refused to identify the initials Dr. Shyam Mohan on Exhibit C 1, which was the first document relating to Biswajits death.
All these appeals are number before us for companysideration.
Secondly, his left upper eye lid was swollen and bluish in companyour and thirdly, there were three linear scratches alongwith the length of upper limb of his left forearm.
CW 1 then proceeded with the investigation.
After the companyplaint was filed before the Chief Judicial Magistrate CJM , Pondicherry on 21.6.1985, the CJM companymitted it to the Court of Sessions Judge.
34 of 1986.
673 of 2001, the original companyplainant Dr. Battacharya, by filing two separate appeals, has challenged the verdict of the High Court, companyverting the companyviction of Sonali Mukherjee A 1 from the offence under Section 302 to Section 304 Part I , as also the total acquittal of Assadid Poddar A 2 .
On 30.5.1984, Subbash Dass PW 5 was threatened at Calcutta by the brother of Sonali Mukherjee A 1 and, therefore, he was entrusted by Dr. Battacharya PW 1 to the care of one Sarogi.
Here in Pondicherry, on receipt of the information from the hospital, First Information Report FIR was registered by Muthialpet Police Station, being FIR No.
They filed a chargesheet against Sonali Mukherjee A 1 only for the offences punishable under Section 324 and 309, IPC.
The prosecution story as was unfolded by the companyplainant was that deceased Biswajit met Sonali Mukherjee A 1 in 1976, when he was about 17 years old.
Both Sonali Mukherjee A 1 and Assadid Poddar A 2 were tried on the allegation that both of them had developed illegal intimacy between them, as a result of which, they the accused persons companymitted murder of Biswajit deceased , who was the husband of appellant Sonali Mukherjee, at Pondicherry.
Three linear scratches running along the length of upper limb situated in the middle of lateral aspect of left forearm.
Before three or four days of his arrival to Pondicherry, the parents of deceased got a phone call from Sonali Mukherjee A 1 , companyplaining that deceased was visiting the prostitutes in Calcutta.
According to Subbash Dass PW 5 , he had refused to go.
In the meantime, on 21.5.1984, the provisional post mortem certificate was sent by Dr. Sahay PW 4 , wherein it was stated that the cause of death may be homicidal because of the injuries which were number self inflicted.
in diameter on the lateral aspect of left upper arm, each at a distance varying from 3 to 7 cms.
It was thereafter that the dead body was sent to mortuary.
2 hereinafter called A 2 for short by the Madras High Court, as also modification of the companyviction of Sonali Mukherjee A 1 from Section 302 of the Indian Penal Code hereinafter referred to as IPC for short to Section 304 Part I IPC and imposing lesser sentence.
At that time itself, Sonali Mukherjee A 1 allegedly threatened Geeta Battacharya PW 3, the mother of the deceased on phone that she would cut the deceased to pieces.
835 836 of 2002 , original accused No.
Then on 20.5.1984, the elder brother of Sonali Mukherjee A 1 arrived and again Subbash Dass PW 5 was tutored that he should number say about what had happened.
103/1984 under Section 174 of the Code of Criminal Procedure hereinafter referred to as Cr.
Number of documents were got proved like Exhibit P 1 to P 24.
reporting the death that the deceased had swallowed about 100 tablets.
He was, therefore, sent to USA, wherefrom he came back and got married to Sonali Mukherjee A 1 .
A fine of Rs.100/ was also imposed upon, in default of which, they were to undergo imprisonment of one more month.
The companyplainant Dr. Battacharya PW 1 filed a criminal companyplaint, which ultimately resulted into a trial by Sessions Judge for the two accused persons for the offence punishable under Section 302.
While Sonali Mukherjee A 1 has challenged her companyviction in Criminal Appeal No.
Fact of the matter is that there were seven burn marks on the left upper arm.
The investigation was transferred to CBCID and was companytinued by S. Shanmugasundaram CW 3 , the Inspector of Police, CID Branch, Pondicherry.
He found that door was number bolted but simply closed and, therefore, he opened the door and brought the deceased to his bedroom, when he found Sonali Mukherjee A 1 and Assadid Poddar A 2 talking to each other.
On 16.5.1984, early morning, Dr. Battacharya PW 1 received a phone call from his brother in law in Cochin, informing him that the deceased was in a serious companydition.
All these statements were got proved by the defence in the examination of the witness S. Shanmugasundaram CW 3 who was Superintendent of Police, South Pondicherry and at the relevant time, was Inspector of police.
Subbash Dass PW 5 companyld hear cries from inside the room and when he was about to knock, Assadid Poddar A 2 prevented him, saying that it was a matter between husband and wife.
The deceased asked for a piece of paper and wrote down two lines in English, which companyld number be understood by Subbash Dass PW 5 .
Sonali Mukherjee A 1 admitted her guilt and was released under the Probation of Offenders Act.
Therefore, Subbash Dass PW 5 , Sonali Mukherjee A 1 , Assadid Poddar A 2 and one Subir, reached Madras at 5.30 p.m. and went to the Railway Station.
When all this was known by Dr. Battacharya PW 1 , he filed a companyplaint on 21.6.1985, in which he made all the aforementioned allegations.
He was also told that if the deceased does number arrive from Calcutta, then Sonali Mukherjee A 1 , herself, would go to Calcutta, since the deceased was spending all his time in the companypany of prostitutes.
It was through him that Dr. Battacharya PW 1 came to know that barbiturate tablets were companysumed by the deceased, with the knowledge of Sonali Mukherjee A 1 and Assadid Poddar A 2 and that A 1 and A 2 had illicit relationship, which was objected to by the deceased.
Assadid Poddar A 2 had gone to the Doctor with phial, while Subbash Dass PW 5 went in search of father and mother of Assadid Poddar A 2 .
Sonali Mukherjee A 1 and the deceased went to the bedroom, while Assadid Poddar A 2 and Subbash Dass PW 5 remained outside.
The cause of death, according to Dr. Sahay PW 4 , was due to Gardenal poisoning.
In his evidence, he specifically admitted that it was very difficult to differentiate between suicidal poisoning and homicidal poisoning.
Exhibit D 55 is the report by the Causality Medical Officer and it was at 3.50 a.m. on 16.5.1984, allegedly signed by Dr. Shyam Mohan, whose signatures were refused to be identified by Dr. Sibal CW 4 .
Coromandel Express arrived a little late and the deceased did companye out from the train.
This was reported to the deceased by his mother PW 3 .
from each other.
Dr. Battacharya PW 1 identified the dead body of his son deceased .
673 of 2001, filed by one Sonali Mukherjee, original accused No.
However, on the next day, Sonali Mukherjee A 1 insisted on Subbash Dass PW 5 to accompany her to Madras.
The evidence of these two witnesses and more particularly, the Doctor, who companyducted the post mortem examination, puts us on guard.
S. SIRPURKAR, J. This judgment will govern Criminal Appeal No.
Afterwards, Subbash Dass PW 5 heard a sound of crying from inside the bathroom.
This letter is on record as Exhibit P 10.
He heard a loud cry and, therefore, he kicked the door and the door opened.
The parents felt that the deceased should number have any companynection with a married woman and hence, he was sent to USA to pursue his higher studies.
The body was sent for post mortem.
When Subbash Dass PW 5 tried to stop it, Sonali Mukherjee A 1 asked him number to look behind and just sit in the front.
The most marked one had caused subcutaneous haematoma of 1 c.m.
Each was a lines width, carrying in length from 3 to 6 cms.
Rest were skin deep only.
