Gouranga Mullick v. State of West Bengal & Ors.
Case brief
What is this about?
In a matrimonial murder case involving disputed accounts of the victim's death by setting herself on fire or by the accused, the High Court directed the trial court to keep the case open for charges under both Section 302 and Section 306 IPC based on divided witness affidavits.
What did the court decide?
Disposed of the revisional application; directed the trial court to keep charges under Sections 302 and 306 IPC open.
What the court decided
21.03.2022
Item No.66 Ct.No.34 dc.
IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION
C.R.R. 3706 of 2017 with CRAN 1 of 2021
Gouranga Mullick versus
The State of West Bengal & Ors.
In Re : An Application under Section 482 of the Code of Criminal Procedure, 1973 filed in connection with G.R. No. 2240 of 2016 arising out of Joynagar Police Station Case No. 380 of 2016 dated 25.03.2016 under Sections 498A/302 of the Indian Penal Code.
Mr. Jayanta Narayan Chatterjee, Mr. Apalak Basu, Ms. Nandini Chatterjee, Ms. Jayashree Patra, Ms. Sreeparna Ghosh, Mr. Suvrodeep Koley, Ms. Dipanwita Das … For the Petitioner.
Mr. S. G. Mukherjee, Ld. P.P., Ms. Sreeparna Das … For the State.
Report dated 14.03.2022 submitted by Ms. Das, learned advocate appearing for the State be kept on record.
Issues for consideration
3 issues framed by the court
Whether the charge-sheet should be quashed given divided witness opinions on how the victim died.
Whether the trial court should keep the case open for charges under both Section 302 and Section 306 IPC.
Whether the trial court can summon additional witnesses under Section 311 CrPC for the ends of justice.
Parties & counsel
- petitioner
Gouranga Mullick
- respondent
The State of West Bengal
Coram
Tirthankar Ghosh
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · March
- Registered
- Case no.
- CRR/3706/2017
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