PARITOSH NATH @ BABU Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by convict Paritosh Nath @ Babu, the appellant hereinafter, under Section 374(2) Cr.P.C. is directed against the judgment and order of conviction and sentence dated 27/06/2019 passed by the learned Sessions Judge, North Tripura Judicial district, Dharmanagar in case No. S.T.(T-1) 16 of 2018 whereby the appellant has been convicted for having committed offences punishable under Sections 498A and 302 of the Indian Penal Code, in short, IPC, and sentenced to undergo Rigorous Imprisonment RI. for three (03) years and fine of Rs.10,000/- with default stipulation under Section 498A, IPC and Rigorous Imprisonment RI. for life and fine of Rs. 10,000/- with default stipulation under Section 302, IPC and it has been ordered that both the sentences shall run concurrently.

(2.) Sri Rohini Nath, father of Smt. Purnima Nath, the deceased hereinafter, lodged a written information to the officer in charge of Dharmanagar Police Station on 29.07.2017 disclosing that he got his daughter married to the appellant in the month of Falguna in 1423 B.S. (corresponding to the month of February/March in 2017) in accordance with the shastrik rites of Hindu marriage and since marriage, the appellant subjected his wife the deceased. to torture to fulfill his dowry demand of rupees one lakh. The informant was made aware by his deceased daughter about the demand of her appellant husband and the cruelty meted out to her by the appellant due to non fulfillment of his demand. The informant then gave Rs.20,000/- to the appellant. It has been alleged that despite the payment of dowry, the appellant continued to torture his wife even after the deceased became pregnant. On 28.07.2017 the appellant severely assaulted the deceased and killed her by strangulation. Prior to that, also, he tried to kill his wife several times. On 29.07.2017 at around 11 O'clock in the morning, vice chairman of the village panchayet of Ganganagar informed him about the death of his daughter. He rushed in and found his daughter lying dead on her bed in her matrimonial home. It has been alleged by him in his FIR that the appellant killed his daughter.

(3.) Based on such information, Dharmanagar PS Case No.027 of 2017 under Sections 302 and 304(B), IPC was registered. Smt. Bandana Choudhury, woman subinspector of police PW-20. carried out the preliminary investigation of the case and thereafter, the case was endorsed to Smt. Paramita Pandey, Deputy Superintendent of Police (Crime Against Women) for investigation pursuant to the order dated 30.07.2017 of the Superintendent of Police. Smt. Paramita Pandey carried out the whole investigation and at the conclusion of her investigation she filed charge sheet sending up the appellant to stand the trial for commission of offences punishable under Sections 498A and 302, IPC.