High Court acquits husband in wife’s ‘poisoning’ death case 27 years ago

Soumyadip Mullick, MP, 15 Nov 2024, Kolkata: In a case of November 1997 where the wife died due to ‘endosulfan poisoning’, the Calcutta High Court acquitted the husband in November 2024 who was charged with abetment of suicide and subjecting his spouse to cruelty. 

The Bench of Justice Tirthankar Ghosh was moved by the husband challenging his conviction order and sentence by the trial court in 2019. He was convicted under Section 498A & 306 of IPC. The wife died an unnatural death in 1997. 

The autopsy examiner stated that the chemical report obtained revealed endosulfan (pesticide) in the viscera of the deceased (Madhabi). The brother of the deceased alleged his sister used to be tortured by the in-laws in demand of dowry as she gave birth to a child with a dark complexion. 

It was also alleged dowry was given during marriage but after the child’s birth the demand continued and so did the torture. 

He accused the in-laws, mainly the husband, for assault and forcefully feeding poison to his sister on November 20, 1997. She passed away in the hospital. The prosecution relied upon eight witnesses (including the brother) to prove its case. 

The court observed two contradictions. First, the brother alleged in FIR that sister was force-fed poison but later claimed she committed suicide by consuming poison. 

Secondly, the brother had attributed the delay in lodging FIR by him to performance of the victim’s last rites. The mother of the deceased, however, said that the FIR was lodged after a kangaroo court (salisi sabha) was held following the daughter’s death. It is in this kangaroo court the accused in-laws were allegedly assaulted and police had to rescue them. A

The court observed that since the FIR was registered post assault of the accused in the kangaroo court, the probability of initiating the criminal case against the accused person by the complainant for saving themselves cannot be ruled out. 

Further, the court noted that the first investigating officer of the case was not examined. “The non-examination of the investigating officer has seriously prejudiced the accused/the appellant and it would thus be dangerous to rely upon the prosecution witnesses to convict the appellant,” the court observed and acquitted the husband. 

https://www.millenniumpost.in/bengal/high-court-acquits-husband-in-wifes-poisoning-death-case-27-years-ago-586928?infinitescroll=1