Calcutta HC relies on victim's minor son, convicts five in dowry death case

Kolkata, Jul 16 (PTI) The Calcutta High Court on Thursday convicted and sentenced a man and his four relatives to life imprisonment for the murder of his wife, overturning their acquittal by a trial court. The division bench relied on the testimony of the victim's minor son, who had witnessed the incident, while convicting the accused. The trial court had earlier discarded the 12-year-old boy's deposition, considering him a 'doubtful' witness. "The court should appreciate that the minor child, having witnessed the death of his mother, is equally a victim," the division bench said. The division bench headed by Justice Rajasekhar Mantha directed that the convicted husband, Samir Das, his elder brother Samar Das, Samar's wife Sabita, and relatives Sanjay Pramanik and Jharna Pramanik would be eligible to apply for remission only after completing 24 years of rigorous imprisonment. The court also convicted Samir Das for domestic violence under section 498A of the Indian Penal Code (IPC) and was additionally sentenced to one year rigorous imprisonment. In its 41-page judgment, the division bench observed that the convicts' respective roles in assaulting the victim and subsequently wiping out evidence by changing the victim's saree have been proved beyond reasonable doubt. The bench, also comprising Justice Rai Chattopadhyay, held that the accused husband's demand for dowry was established. The conviction resulted from an appeal filed by the victim's brother, who had filed a police complaint at Usthi police station in South 24 Parganas district following her death on July 6, 2006, against the sessions court order. The Additional District and Sessions Judge, Fast Track Court No. 1 at Diamond Harbour on March 30, 2017, acquitted the five accused persons of the charges of murder and domestic violence. According to the prosecution lawyer, the victim suffered torture by her husband, a farmer by profession, for not bringing money from her maternal home. He stated before the court that on the night of July 6, 2006, Samir Das assaulted the victim and administered poison to her. He was assisted by the other accused persons -- Sabita Das, Samar Das, Jharna Pramanik, Sankar Pramanik and Sanjay Pramanik, who were present at the victim's matrimonial house. It was claimed that the woman was beaten by Samir. When she asked for water, Sabita brought poison and handed it to Samir, who poured it into the victim's mouth. The prosecution further stated that Jharna Pramanik and Sankar Pramanik changed the victim's saree after she vomited on the clothes she was wearing during the assault. It was stated that these horrific events were witnessed by the victim's son, who was only 12 years old at the time, hiding under the bed. The defence argued that the woman had consumed poison herself due to marital disputes over her husband's refusal to settle near her maternal home at Sonarpur in South 24 Parganas district. It claimed that she died while being taken to hospital. Rejecting the defence argument, the bench observed that the case did not fall within the scope of abetment to suicide under Section 306 of the IPC, citing the son's testimony that his mother had attempted to vomit out the poison allegedly forced into her mouth. "Witnessing the death of one's mother at the hands of one's father, uncles and aunts is indeed an abnormal event in the life of an individual," especially when he is a child, the court said. The bench noted that the boy had no motive to falsely implicate his father and his siblings. PTI AMR MNB