SUBRATA CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By filing this criminal appeal, under Section 374 of Cr.P.C., the appellant, named above, challenged the judgment and order of conviction and sentence dated 10.06.2009, passed by learned Addl. Sessions Judge, Belonia, South Tripura District, in Sessions Trial No. ST 55(ST/B) of 2008 where-under learned Addl. Sessions Judge found the appellant guilty of committing offence punishable under Section 498(A) of IPC and sentenced him to suffer S.I. for 2(two) years and to pay a fine of Rs. 1000/- (one thousand) in default of payment to suffer further S.I. for 2(two) months. Heard learned senior counsel, Mr. A.C. Bhowmik assisted by learned counsel, Mr. P. Saha for the appellant and learned Addl. P.P., Mr. R.C. Debnath for the State-respondent.

(2.) Prosecution case may be summarised thus:-

(3.) Learned Sr. counsel, Mr. Bhowmik has argued that according to the prosecution, the deceased committed suicide by consuming poison. Prosecution led evidence that she was subjected to torture and tormentation in the matrimonial home on demand of money. She was conscious when she was taken to hospital. She did not make any statement to the neighbourers complaining torture or tormentation on her by the accused-appellant immediately before consuming poison. There is no evidence of abetment as defined in Section 107 of IPC. Admittedly, the deceased died after 8 years of her marriage, and submits learned Sr. counsel Mr. Bhowmik, there is no iota of legal evidence to prove the exercise of cruelty as defined in Section 498(A) of IPC. The parents of the deceased and some of the neighbourers who are inimical to the accused-appellant made some hearsay statements which do not prove the ingredients of offence punishable under Section 498(A) of IPC. The statements are vague and omnibus in respect of the demand of money and while the father of the deceased i.e. the informant was also a poor man as stated by himself, no prudent man can believe that the accused who was hand to mouth working in a electrician's shop as an ordinary worker, had no reason to demand money to his poor father-in-law through his wife. The parents and relatives of the deceased, submits learned Sr. counsel Mr. Bhowmik, did not lodge the F.I.R. immediately after the occurrence and after 3 days, out of shock, for the death of their kin Arpita, initiated the criminal proceeding against the accused. Learned counsel, therefore, prayed for an order of acquittal.