ALAMIN MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order of conviction and sentence dated 04.04.2019 passed by the learned sessions Judge of Gomati Judicial District, Udaipur in case number ST 21 (GT/U) of 2018 whereby convict Alamin Miah, the appellant hereinafter, has been sentenced to Rigorous ImprisonmentRI. for life and a fine of Rs. 1(one) lakh payable to the victim with default stipulation for having committed offence punishable under section 326A IPC and further sentenced to Rigorous ImprisonmentRI. for three years and fine of Rs. 5000/- payable to the victim with default stipulation for offence punishable under section 498A IPC and it has been ordered that both the sentences shall run concurrently.

(2.) The genesis of the prosecution case is rooted in the FIR Exhibit-3. lodged by Md. Akash Miah PW1. with the officer-in-charge of Udaipur women police station in Gomati District at 9:32 PM on 14th January, 2018 alleging, inter alia, that he got his daughter Momita, the victim hereinafter, married to the appellant about 10 months back and the appellant husband of his daughter started torturing her few days after the marriage. Five months back Momita returned to her parents to get rid of his torture. During her stay with her parents she had gone to see her ailing grandmother in her house nearby. At around 7 o'clock in the evening on 13th January, 2018, her appellant husband came there and called his wife to road and all on a sudden he had thrown acid on her face. Momita started crying in pain and the accused ran away from there. Following her cry the neighbouring people appeared for her rescue. Somebody informed the fire service. They came and transported her first to the nearby Tepania hospital and from there to AGMC and GBP hospital at Agartala, where she was admitted in critical condition.

(3.) Based on this information, R.K.Pur Women PS case number WRP 002 of 2018 under Sections 498A and 326A, IPC was registered against the appellant. First part of the investigation was carried out by Smt. Madhabi Debbarma PW-11. and after she was transferred to elsewhere the investigation was conducted by Smt. Alpana Sarkar PW-12. During her part of the investigation, Smt. Madhabi Debbarma PW-11. met the injured victim MomitaPW2. in the hospital and her first informant father, Akash Miah PW-1. and recorded their statements under section 161 Cr.P.C on 25.01.2018. During her stay in AGMC and GBP hospital as an indoor patient, Doctor Nilotpal Dey, a medical officer PW-7. and doctor Damodar Chatterjee, an Assistant Professor of Surgery PW-8. met her and found acid burn on her face. Doctor Nilotpal Dey PW7. opined that her injury was grievous in nature and it was caused by acid. He also recorded his opinion in his report, marked as Exhibit-4 at the trial. Smt. Debbarma PW-11. having been transferred to another police station, investigation of the case was then endorsed to Smt. Alpana Sarkar PW-12. who having come to know that the accused was available in the house of the informant, went to there on 25.06.2018 to arrest the appellant. Before she could arrest the appellant, he, all on a sudden, consumed insecticide from a container in his possession to commit suicide. He was immediately shifted to the District Hospital at Udaipur where he was treated till his recovery. After his recovery, PW-12 arrested him on 01.07.2018. After Momita was discharged from the hospital, the investigating officer produced her before Smt. Tanushree Debnath PW-10., a Judicial Magistrate of the first class at Udaipur who recorded her statement under section 164(5) Cr.P.C on 12th July, 2018. At the completion of her investigation, PW-12, submitted charge sheet against the appellant for having committed offence punishable under Sections 326A and 498A, IPC.