Calcutta High Court

Acquittal under Section 498A IPC where medical evidence disproves poisoning and dowry demands remain unproven.

GOLAM AMBIA MOLLA vs STATE OF WEST BENGAL

Calcutta High CourtJUDGMENT: May 13, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant married the deceased on 17.02.2004.

Source reference: no citation

On 15.05.2007 (noting a discrepancy in the trial records regarding the date of complaint), the father of the deceased (P.W. 1) lodged a complaint alleging physical and mental torture and dowry demands of ₹1.5 lakh

Source reference: p. 2

On 17.04.2005, the victim arrived at her father’s house, fell ill around 2:30 AM, and died at the hospital at 5:00 AM

Source reference: p. 2, 7

The prosecution alleged death by poisoning due to cruelty.

Source reference: no citation

The Trial Court (1st Court, Howrah) acquitted the appellant and his mother of dowry death under Section 304B but convicted the appellant under Section 498A IPC, sentencing him to one year of probation

Source reference: p. 3
02

Issues

1. Whether the prosecution established the ingredients of cruelty under Section 498A IPC beyond a reasonable doubt despite the acquittal under Section 304B IPC

Source reference: p. 5

2. Whether the medical evidence and FSL report supported the allegation of torture leading to death

Source reference: p. 9
03

Law Applied

Section 498A of the Indian Penal Code (IPC), which criminalizes subjecting a married woman to cruelty

Source reference: p. 1

The principle that to sustain a conviction, the prosecution must prove its case beyond a reasonable doubt

Source reference: p. 12

Preeti Gupta and Another v. State of Jharkhand and Another regarding the interpretation of matrimonial cruelty

Source reference: p. 4

Section 313 of the CrPC regarding the examination of the accused and the Probation of Offenders Act for sentencing

Source reference: p. 3, 4
04

Reasoning

P.W. 4 (mother) admitted the marriage was a love match and that the victim came to her father’s house by prior arrangement, not due to immediate torture

Source reference: p. 12

Critically, the Post-Mortem and FSL reports detected "no poison," instead suggesting death due to an enlarged heart and pericardial effusion

Source reference: p. 9, 12

The court noted that no external injuries were found during the inquest and no adverse statements were made against the appellant by the witnesses present before the Executive Magistrate

Source reference: p. 10

Furthermore, testimonies regarding dowry demands were vague, lacked specific dates, and were contradicted by hostile witnesses who described the couple’s relationship as cordial

Source reference: p. 11

The court observed that the victim suffered for over two hours at her father's house without medical attention, contradicting the theory of sudden death by foul play at the hands of the appellant

Source reference: p. 12
05

Holding

The Court held that the prosecution failed to prove the charge under Section 498A IPC beyond the shadow of a doubt

The High Court allowed the appeal, set aside the judgment and order of conviction dated 16.06.2006, and acquitted the appellant, directing his immediate liberty

Source reference: p. 13
Calcutta High Court

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GOLAM AMBIA MOLLAvsSTATE OF WEST BENGAL

Calcutta High Court · May 13, 2026

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