KALYANI DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Against the judgment of conviction, the appellant has filed this appeal under section 374(2) of the CrPC. By the judgment dated 23.08.2019 delivered in Case No. S.T 34(T-1) of 2015, the appellant has been convicted for committing murder of her daughter-in-law Pujaita Pal by setting fire on her person on 3.3.2014. She has been sentenced to suffer RI for life with fine of Rs.10,000 with default stipulation for committing the said offence, punishable under section 302 of the IPC.

(2.) The genesis of the prosecution against the appellant is rooted in the complaint dated 04.03.2014 (Exbt-1) by which one Chandan Kumar Pal (PW-1) had reported to the officer-in-charge, Agartala Women PS that his daughter namely Pujaita Paul had been married to one Abhijit Deb, resident of Dhaleswar Road No. 2, Agartala. After three months of their marriage her father-in-law, mother-in-law and elder brother-in-law started inflicting torture on her on unlawful demands. On the day of filing the complaint, PW-1 got one telephonic information that his daughter was admitted in the GBP Hospital, Agartala. PW-1 came to the GBP Hospital and found his daughter with severe burn injuries. Thereafter, PW-1 has stated in the complaint that on his asking daughter told him that on 03.03.2014 at night her mother-in-law had set fire her on her by dousing kerosene in presence of her father-in-law and elder brother-in-law. Based on the said complaint (Exbt-1), filed on 04.03.2014 at about 0335 hours, the father of the victim namely Chandan Kumar Pal (PW-1), East Agartala Women PS case No.12/2014 under Sections 498A, 307,326/34 of the IPC was registered and taken up for investigation. It may be noted that in the course of treatment Pujaita (the victim) died on 07.03.2014.

(3.) On her death, the police took up the investigation under section 302 of the IPC. It is apparent that the allegation of committing the said offence has been made against the appellant and two other persons namely Sukhendu Chandra Deb alias Sukhendu Deb, father-in-law of the victim and Satyajit Deb, elder brother-in-law of the victim. Initially, one Sub Inspector of Police of that Police Station namely Mamtaaz Hasina (PW-13) was in charge of the investigation. She had partly investigated the matter and thereafter the charge of investigation was taken up by Shri Rajendra Datta, the Sub-Divisional Police Officer (PW-14). The police having completed the investigation, filed the charge sheet in the police case being East Agartala Women PS Case No. 57 of 2014 on 31.08.2014 under Sections 498A/307/304B of the IPC against the accused persons as aforenoted. Since the offences punishable under Section 307/304B of the IPC are exclusively triable by court of Sessions, the police papers were committed to the Court of Sessions Judge, West Tripura. From where, the case was transferred to the court of the Addl. Sessions Judge, Court No.1 for trial in accordance with law. The Addl. Sessions Judge, having perused the materials of the police report framed the charge separately against the accused persons under Sections 498A, 304B read with Section 34 of the IPC and alternatively the charge was framed under Section 302 read with Section 34 of the IPC. The accused persons including the appellant denied the charge by pleading their innocence and claimed to be tried.