BIPLAB DAS Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dtd. 2/1/2016 whereby the learned Additional Sessions Judge, Court No.5, West Tripura, Agartala has convicted and sentenced the accused-appellant to suffer R.I. for 5(five) years and to pay a fine of Rs.5,000.00 (Rupees five thousand)for committing offence under Sec. 306 of IPC and to suffer further S.I. of 6(six) months for committing offence under Sec. 498A of IPC with default stipulation.

(2.) In a brief outline of the material aspects, it may be noticed that in the present case, the appellant was charged with the imputations that he inflicted physical and mental torture upon his wife and set her ablaze on fire leading to death of his wife on 13/1/2011. In the written ejahar which was formally registered as Amtali PS Case No. 15/2011, under Sec. 304B and 498A of IPC dtd. 7/2/2011, the elder brother of the victim has stated that-".. Failing to tolerate the extreme level of assault inflicted upon her by all the aforementioned torturous accused persons, my sister on 13/1/2011 A.D. last at night about 12.00 to 12.30 A.M., she set (herself) on fire by pouring kerosene on her body. All the accused persons were present (there) at that time.

(3.) After registration of the case, the investigating officer has taken over the charge of investigation and inquest over the dead body of the deceased was made. It is found that at the time of preparation of inquest he examined some of the available witnesses who are the close relatives and friends of the informant as well as the deceased wife of the appellant. Inquest report has been marked as Exbt.2. The investigating officer had arranged postmortem examination over the dead body of the deceased and after examination collected the report. Thereafter on completion of investigation, he submitted charge-sheet against four accused persons including the appellant under Ss. 498A/304B of IPC.