KRISHNA KUMAR SINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed under Sec. 374 of CrPC against the judgment and order of conviction and sentence dtd. 30/9/2019, passed by learned Sessions Judge, North Tripura, Dharmanagar in Case No. ST(Type-1) 22 of 2017 whereby and whereunder the appellant has been convicted under Sec. 302 of the Indian Penal Code and sentenced him to suffer R.I. for life along with a payment of fine of Rs.10,000.00 (Rupees ten thousand) only for the said offence and in default to payment of fine, the appellant shall suffer further R.I. for 6 (six) months.

(2.) The prosecution case, in a nut-shell, is that one Sri Sukhamani Sinha of Narendranagar under Damcherra Police Station of North Tripura District on 20/6/2017 lodged an FIR with the Officer-in-Charge, Damcherra Police Station stating inter alia that his sister-in-law Sunita Sinha was given in marriage with Sri Krishna Kumar Sinha (accused-appellant herein) of the same village as per Hindu rites and customs about six years back from the date of lodging the FIR. It was alleged that after few days of their marriage Krishna Kumar Sinha started abusing and torturing Sunita Sinha, his wife physically on different pretext. During their wedlock one male child was born but the behavior of accused Krishna Kumar Sinha was not changed, rather, he accelerated the volume of torture upon her. On finding things unbearable, Sunita took shelter at her parental house. But, there also the accused off and on used to threat his wife over telephone that he would kill her. It is further alleged in the FIR that on 19/6/2017, at about 11:00 pm, after receiving a phone call from her husband Krishna Kumar Sinha, she came out from her parental house and she was missing. Complainant asked Krishna Kumar as to the whereabouts of Sunita, when he was avoiding that matter by different pretext. Thereafter, on 20/6/2017 at about 05:41 pm Krishna Kumar informed the complainant over mobile phone that on 19/6/2017 at about 12:00 hours there was hot altercation between him and his wife on the road beside the parental house of Sunita and thereafter, he committed murder of Sunita pressing her throat and the dead body of the deceased was thrown by him into the pond of one Nirananda Sinha.

(3.) On receipt of the complaint, O.C., Damcherra PS had registered the case vide Damcherra PS Case No. 2017 DMC 011 for commission of offence punishable under Sec. 302/201 of IPC against the accused Krishna Kumar Sinha and endorsed the case for investigation.