BILLAL AHMED Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal under Section 374 of CrPC is directed against judgment and order of conviction and sentence dated 17.05.2012 passed by learned Addl. Sessions Judge, Dharmanagar, North Tripura in case No. S.T. 10(NT/D)/2011, whereunder learned Addl. Sessions Judge found the accused appellant guilty of committing offence punishable under Section 304B of IPC and sentenced him to suffer RI for five years and to pay a fine of Rs. 3,000/ -(rupees three thousand), in default of payment of fine to suffer RI for three months and also found him guilty of committing offence punishable under Section 498A of IPC and sentenced him to suffer RI for three years and to pay a fine of Rs. 1,000/ -(rupees one thousand), in default of payment of fine to suffer RI for three months and directed that both the substantive sentences shall run concurrently.

(2.) HEARD learned counsel, Mr. H.K. Bhowmik for the appellant and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) TO prove the charges, prosecution examined twenty witnesses. The accused appellant and other accused persons thereafter were examined under Section 313 of CrPC and in their turn the accused persons adduced no defence evidence. Plea of the accused taken in course of cross -examination of the prosecution witnesses and at the time of examination under Section 313 of CrPC is that deceased -Rina was suffering from severe menstrual disease and she was always in depression and because of her depression she might have consumed poison and thereby committed suicide.