NANDAN PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE appellants have been convicted by the judgment dated 05.09.2008 delivered in S.T. 90(WT/A) 2007 by the Assistant Sessions Judge, West Tripura, Agartala for committing offence of cruelty punishable under Section 498 -A of the I.P.C. having common intention in commission of the crime and also for committing abetment to suicide having common intention in commission of crime punishable under Section 306 read with Section 34 of the I.P.C. The appellants have thus sentenced to suffer 2(two) years rigorous imprisonment (R.I) with a fine of Rs.5,000/ - each under Section 498 -A/34 of the I.P.C. and R.I for 7(seven) years with fine of Rs.5,000/ - each under Section 306 read with Section 34 of the I.P.C. It has been further directed that in the event of defaulting in payment of the fine, they shall suffer further imprisonment of 3(three) months on each account. The said judgment dated 05.09.2008 has been questioned in this appeal.

(2.) THE appellant No.1, Nandan Paul married Gopa Paul, elder daughter of the complainant, Haradhan Paul (PW -1), 7 to 8 years before the date of occurrence. In the wedlock, one male child was born. It has been alleged by PW -1 in his complaint that after birth of that male child, the appellant No.1 had started torturing his daughter in various ways and means. Having failed to bear such torture, his daughters left the matrimonial home and took shelter in his house. Even the State Commission for Women had to interfere in the matter. On assurance of the appellant No.1, her inmates and other relatives, his daughter had again joined the matrimonial home. But she was again subjected to physical torture by the appellants. His daughter used to be tortured for realizing hard cash from the complainant with a view to purchase an auto rickshaw. Even she was threatened not to show her face in that house, unless the money was fetched. On 03.01.2007, one sister of the appellant No.1 came to the house of PW -1 on 5 pm. and informed him that his daughter had been admitted in the IGM hospital for illness. Immediately, PW -1 had rushed to the IGM hospital but he could not see his daughter alive. He learnt that his daughter was recovered hung from a noose.

(3.) TO substantiate the charge, the prosecution has adduced as many as 17(seventeen) witnesses and introduced 11(eleven) pieces of documentary evidence. For the appellants 2(two) witnesses were examined to rebut the evidence of the prosecution. After the appellants were examined under Section 313 of the Cr.P.C., they were convicted by the impugned judgment, whereby it has been observed as under: