NITAI BAIDYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants have, by means of this appeal, challenged the judgment of conviction dated 31.05.2016 and the consequential order of sentence dated 31.05.2016 delivered in Sessions Trial 66(ST)/B of 2013. The appellants by the said judgment dated 31.05.2016 have been convicted under Sections 306 and 498A of the IPC for commission of offence of abetting suicide and exercising cruelty on unlawful demand. As consequence of the finding of conviction, the appellants have been sentenced to suffer three years rigorous imprisonment for commission of offence punishable under Section 306 of the IPC and to pay fine of Rs. 5000 with default stipulation. They have been further sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 2000 with default stipulation punishable under Section 498A of the IPC.

(2.) The prosecution against the appellant had been initiated on the basis of a complaint filed by one Rita Mitra (PW1) on 30.11.2011 to the Officer-in-Charge, Hrishyamukh outpost revealing that Debabrata Majumder (PW10) informed her on 29.11.2011 at 1600 hrs that Soma Pal (Baidya) had expired. She had rushed to the place of occurrence and found Soma Pal (Baidya) hanging from the ceiling. The members of the victim's matrimonial home were in their respective rooms. She has complained that Soma Pal (Baidya) was given marriage one year ten months ago from the day of death of the victim. She was subjected to severe harassment by her father-inlaw, mother-in-law, husband, elder brother-in-law, and uncle-in-law. The relatives of Soma Pal (Baidya) had taken step for their harmonious matrimonial life. But the accused persons whose names have been revealed in the complaint viz, Nantu Baidya, Dulu Rani Baiday, Nita Baidya, Gourhari Baidya and Gopal Baidya were demanding more dowry. On 8th day of last Sravana, the complainant's sister went to see her daughter in her in-laws' house. At that time, she was pressurized to take back her daughter. They had proposed to sell out the paternal homestead of the victim and parting of half of the consideration money with them. As her sister did not, her daughter was put to mental and physical torture. Failing to bear the pressure of such situation, the complainant's sister committed suicide. Thereafter, for restoring the matrimonial life, the complainant and other relatives had tried to persuade the accused persons, but their attempts came to vain and her niece committed suicide.

(3.) On the basis of the said complaint filed by PW 1 on 29.11.2011 which was received by Belonia PS by 30.11.2011, Belonia PS case No. 2012/2011 was registered under Sections 498A /306 of the IPC and taken up for investigation. On completion of investigation, the final report, chargsheeting the accused persons, was filed and as the offences were exclusively triable by the Court of the Sessions, the police papers were committed to the jurisdictional court i.e. the court of Additional Sessions Judge, South Tripura, Belonia as it then was. The Additional Sessions Judge, South Tripura, Belonia hereafter referred to as the trial judge, framed the charge against all accused persons separately under sections 498A and 306 of the IPC. The accused persons denied the charges and pleaded not guilty to face the trial. In order to substantiate the charge the prosecution adduced 24 witnesses and introduced 17 documentary evidence (Exbt-1 to Exbt 17) including the inquest report (Exbt 15) post-mortem examination report (Exbt 17) and the complaint (primarily Exbt 2). On recording the evidence of the prosecution, the accused persons were separately examined under section 313(1)(b) of the IPC when the accused persons reiterated their plea of innocence. Thereafter, having appreciated the evidence, the trial judge has returned the finding of conviction on observing as follows: