JOYDEB GHOSH Vs. JOGOMAYA GHOSH; STATE OF TRIPURA

JUDGEMENT

(1.) This appeal survives for the appellant No.1, namely Sri Joydeb Ghosh as the appellant No.2, Jogomaya Ghosh has expired in jail. This appeal has abated for the appellant No.2 subject to the legality of the impugned finding of conviction.

(2.) By the judgment and order of conviction and sentence dated 21.12.2010 delivered by the Additional Sessions Judge, Court No.3, West Tripura, Agartala in Sessions Trial No. 1008 the appellants have been convicted for committing the offence of murder, with common intention to do so, punishable under Section 302/34 of the I.P.C. They are sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000 and in default of payment of fine, to suffer further rigorous imprisonment for 1(one) year. In addition, they have been convicted for committing cruelty under Section 498-A of the I.P.C.

(3.) From the written complaint filed by one Narayan Chandra Ghosh @ Nantu Ghosh (PW-1) to the Officer-in-Charge of Bishalgarh Police Station it had been disclosed that his daughter, Rinku Ghosh was married to Joydeb Ghosh, the appellant No.1 herein. His daughter had been subjected torture for not satisfying the unlawful demand. On 04.07.2007, his daughter was noticed ablaze by the people from the neighbourhood of her matrimonial home. On having the information as such, he had rushed to her matrimonial house but found none in that house. Her daughter was found lying in a place in that house with severe burnt injuries and in a critical condition. She was brought to the G.B.P hospital for treatment. When the complaint was filed, his daughter was alive. But later on, she had succumbed to her injuries on 24.07.2007.