BISHU DEBNATH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal under Section 374(2) of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 16.03.2011 passed by the learned Additional Sessions Judge, South Tripura, Belonia in Sessions Trial Case No. S.T. 59(ST/B) of 2010, whereunder the learned Additional Sessions Judge found both the appellants guilty of committing offence punishable under Section 498A and 306 of IPC and sentenced both of them to suffer R.I. for three years and to pay a fine of Rs. 1,000/ -, in default of payment to suffer R.I. for a further period of one month under Section 498A of IPC and further sentenced the accused -appellant, Bishu Debnath to suffer R.I. for seven years and to pay a fine of Rs. 2,000/ -, in default of payment to suffer R.I. for another two months and Smt. Jashoda Debnath to suffer R.I. for three years and to pay a fine of Rs. 2,000/ -, in default of payment to suffer R.I. for two months under Section 306 of IPC and directed that substantive sentences of imprisonment shall run concurrently.

(2.) HEARD learned counsel, Mr. D.C. Roy, for the appellants and learned Additional Public Prosecutor, Mr. R.C. Debnath, for the State -respondent.

(3.) PROSECUTION case is that marriage between Bishu Debnath and the deceased Gita Debnath was solemnized in the month of February, 2002 and thereafter they lived and cohabited in the matrimonial home at village Thakur Charra i.e. the house of accused Bishu Debnath along with mother of Bishu Debnath, namely, Jashoda Debnath. Since after marriage both the accused Bishu Debnath and Jashoda Debnath inflicted torture on Gita Debnath both physically and mentally and on that issue a Panchayat meeting was held at village Pachim Pillak including the members of both the Panchayat and the dispute was amicably settled and thereafter accused Bishu Debnath and the deceased Gita Debnath along with Jashoda Debnath lived together. But even thereafter torture started on Gita Debnath and on 16.02.2009 because of such torture Gita committed suicide by setting herself to fire after pouring Kerosene oil on her person. She died on that day.