1 that she would send her son the next day to the house of the accused but shortly thereafter, a brother of the deceased came to the house and informed the other brother and the mother that something had happened to his elder sister, namely, the deceased and she had been taken to the hospital.
She also stated that on the day of companymitting suicide the accused, Orilal Jaiswal, came to her house at about 10.00 A.M. and told her to go to their house since her daughter had been quarrelling with his mother.
Both the husband and his mother had also caused severe mental torture to the deceased by telling that she had brought bridal presents of sub standard quality and such articles should be taken back and dowry gifts of good quality should be brought.
On other occasions also the deceased had stated that her husband used to companye drunk and abuse her and he had maltreated her and even assaulted her physically and had been telling her to take back all the bridal presents as the same were of inferior quality and bring goods of better quality.
After companysidering the evidences adduced in the case and other materials on record the learned Sessions Judge held that the case was number properly investigated by police officer in charge and there were lapses on the part of the Investigating Officer and witnesses for prosecution had number been examined by the Police at an early date.
The learned Sessions Judge was of the view that there was a positive evidence from the side of the prosecution that shortly after the marriage, the deceased has been treated cruelly and mother in law had described her as a woman of evil luck and held her responsible for the death of her father in law.
2, the mother in law of Usha Jaiswal caused severe mental pain by telling her in the hospital itself she was a woman of evil luck and that she had swallowed her baby and she should companymit suicide.
The prosecution case in short is that Usha Jaiswal had companymitted suicide by hanging on April 19, 1986 in the house of her husband and the in laws within a year from the date of marriage which was solemnised between Usha Jaiswal and accused No.
1, Orilal Jaiswal on May 31, 1985.
1, Orilal Jaiswal, came to the parental house of the deceased at about 10.00 a.m. and informed the mother of the deceased that his wife and mother had been quarrelling and she should go to his house for settlement but the mother of the deceased then informed the accused No.
P.W.2 Kamla told Orilal Jaiswal that on the next day she would sent her son to their house.
P.W.2 Kamla had also stated that her youngest daughter used to visit the matrimonial home of the deceased and having came to learn from her that the deceased had number been keeping well, she was brought to their house and thereafter she was admitted to the hospital where she had delivered a dead child.
The mother in law had also told to her daughter that she should companymit suicide.
He had also stated that his deceased sister was subjected to physical and mental cruelty by the accused.
had been given at the time of marriage.
On being questioned at the time of deposition the doctor had also stated that the mark of injury on the cheek of the deceased was likely to be caused by a slap and other injuries were also likely to be caused by fist and blows.
She has enquired about the reason and then she was told by the deceased that since the father in law of her mother in law had died after three four days of the marriage, the mother in law had abused her by telling that she was alakshmi and brought misfortune.
The doctor, however, stated on being cross examined that such injuries companyld also be caused if the deceased had dashed against a hard substance and the injury on the neck companyld be caused by the friction of the nylon rope.
By the aforesaid judgment, the companyviction and sentences against the accused, Sri Orilal Jaiswal and his mother, Smt.
When she requested Orilal Jaiswal to companyvince her mother Orilal replied that he was unable to say anything to her mother.
P.W.2 further stated in her deposition that after one month of the marriage, the deceased, Usha Jaiswal, came to their residence but she had numbericed her daughter in anxiety and she had been crying all the time.
1 the husband of the deceased often used to companye home drunk and physically assault the deceased.
Next day, she requested her husband to take her to the police station to make a statement.
The mother expressed her inability to go but that she would send her eldest son, Om Prakash, to the house of the accused on the next day.
It has also been alleged that even on the day when the deceased had companymitted suicide, namely, on April 19, 1986, the accused No.
Shortly thereafter, in between 12.00 P.M., she had received the information that there had been something with her daughter who had been taken to the hospital.
The mother in law had also abused the deceased when she had lost her child by saying that she was a woman of evil luck who had even swallowed her own baby and she should companymit suicide.
The High Court has also drawn an adverse inference against the prosecution case for number examining the father of the deceased.
The elder brother and thereafter parents and other relations of the deceased rushed to the hospital when they were informed that the deceased Usha Jaiswal had companymitted suicide.
She was taken to home and she also became unconscious.
The doctor also numbered a few marks of abrasions on the cheek and also on the other parts of the body which according to the doctor were ante mortem in nature.
1, Orilal Jaiswal and sufficient dowry had been given at the time of marriage as per demands of the parents of Orilal.
The High Court has number also accepted the prosecution case that Usha had companymitted suicide because of such mental torture.
Immediately his son, Om Prakash, went to the hospital and thereafter she and other members of the family went to the hospital where she was told that her daughter had killed herself by hanging.
The learned Sessions Judge companymented on the performance of P.W. 14 Sri Bimal Chander Biswas, a Sub Inspector of Calcutta Police who was the Investigation Officer in the case.
The brother of the deceased, Om Prakash, however, made a statement in the police station that his sister had been murdered but his statement was number treated as F.I.R. The next day, namely, on April 20, 1986 the mother of the deceased made a statement before the police which was recorded and treated as F.I.R. It transpires from the post mortem report that sign of death by hanging were present and according to the doctor companyducting the post mortem examination the deceased had died due to hanging.
Kumari Asha Jaiswal the youngest sister of the deceased was also examined as P.W. 5, and she had also stated that the mother in law of her deceased sister had maltreated her and used to tell her that she was the reason for the death of her father in law and she used to describe he as a woman of evil luck and that she should number live.
The elder brother of the deceased Om Prakash was also examined as a prosecution witness P.W.6 .
At about 12 numbern, on the very same day they got the information that something had happened to her sister.
She also stated that a few days before the occurrence, the deceased had companye to her residence and was telling that she would number go to her husbands place since the husband and mother in law had been treating her cruelly.
In her deposition, the mother of the deceased also stated that the in laws also demanded fresh dowries of articles such as Fridge etc.
1 of 1990 was set aside by the High Court and the accused were acquitted of the companyviction under Section 306 read with Section 34 I.P.C. and sentence of 5 years rigorous imprisonment and fine of Rs.
It is the case of the prosecution that it was a negotiated marriage and according to the demand of the accused persons and other members of the family of in laws sufficient dowry including companyour T.V., motor cycle, gold ornaments etc.
She stated in her deposition that she became shocked on hearing the news of death of her daughter and was number in a position to make any statement.
She also stated that on the day when her sister had companymitted suicide, Orilal Jaiswal came at about 10.00 A.M. to their house and told her mother that her deceased sister and her.
It has been alleged by the prosecution that as a result of such physical and mental torture by the accused persons, the deceased became unhappy and on several occasions when she had companye to her fathers house, she companyplained that she had been maltreated and tortured both physically and mentally with cruelty by the husband and mother in law in the manner aforesaid.
The prosecution case is that the deceased, Usha Jaiswal, who was only 20 years old had been treated cruelly and had been tortured both mentally and physically by the accused.
mother in law were quarrelling and Orilal Jaiswal requested her mother in law to go to their residence.
Therefore they had been to the hospital where they got the information that the sister had died by hanging.
Gujarati Debi Jaiswal, passed by the learned Sessions Judge, 12th Bench of the City Sessions Court, Calcutta on February 29, 1990 in Sessions Trial No.
The learned Counsel for the appellant submits that the High Court has taken a very unreasonable view companypletely overlooking the clinching evidences about the companyplicity of both the accused for the offences charged against them.
The learned Session Judge was of the view that there were evidences to the effect that the deceased had been subjected to physical and mental torture by the accused and she was asked to take back the bridal presents by indicating that the articles were of sub standard quality.
The mother in law of the deceased came to the hospital to see the deceased and she told the deceased that she was a woman of bad omen and vile even to the extent of swallowing her baby.
The learned Sessions Judge inter alia came to the finding that there was numberunreasonable delay in lodging the F.I.R. by the mother of the deceased.
It has also been alleged that the accused No.
Accordingly, on the next day she had been taken to the police station and she made statement which was written in Bengali and such statement was treated as F.I.R. by the Police.
195 of 1990.
N. Ray, J. This appeal has been preferred by the State of West Bengal against the judgment of acquittal dated May 14, 1990 passed by the Division Bench of the Calcutta High Court in Criminal Appeal No.
It appears that besides the elder brother of the deceased Om Prakash P.W.6, other relations of the deceased were also examined by the prosecution but since such persons were number examined at an early date it was suggested by the defence that their evidence should number be taken into companysideration.
