DHANESWAR MAJUMDER Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal by the convict, hereinafter referred to as the appellant, against the judgment of conviction dated 11.08.2011, delivered in S.T. 15 (ST/B) of 2011 whereby the appellant has been convicted under Sec. 498A and 306 of the IPC.

(2.) As consequence of that judgment of conviction, the appellant has been sentenced to suffer rigorous imprisonment for 7(seven) years with fine of Rs. 3,000/ - and in default of payment of fine, to suffer further rigorous imprisonment for 3(three) months. Even though, the appellant has been convicted under Sec. 498A of the IPC but no sentence has been awarded. As according to the trial court the offence punishable under Sec. 498 A and Sec. 306 of the IPC are common, meaning overlapping to each other. By this appeal, the said judgment and order of conviction and sentence has been called in question.

(3.) Briefly stated, the prosecution case is that on 03.11.2009, one Uttam Das (PW -7) lodged a written ejahar (Exhibit -1) to the Officer -in -charge of Belonia Police Station disclosing that the marriage of her sister, Rita Das was solemnized with the appellant in the month of Falguna in the year 1993 as per Hindu rites and customs. It has been alleged by PW -7 that since adequate dowry could not be given at the time of marriage, his sister, Rita Das was told to bring Rs. 50,000/ - from her father's house but when Rita expressed her inability to bring money, the accused persons namely Dhaneshwar Majumder, Yogendra Majumder, Nirmal Majumder, wife of Nirmal Majumder, Subhash Majumder, wife of Subhash Majumder, Shibu Majumder, wife of Shibu Majumder and Sajal Majumder started assaulting her. On 02.09.2009, the appellant and other family inmates poured poison inside the mouth of Rita. Somehow she managed to escape death. One Sajal Majumder, son of Subhash Majumder, one of the brother -in -laws of Rita used to assault her. On 01.11.2009 which was a Sunday as she was severely assaulted, she was made to death at 10.30 p.m. at night on intake of poison. Before that, she called PW -7 to tell that she would not live longer. Based on the said ejahar, Belonia police station case No. 183 of 2009 under Ss. 498A/306 of the IPC was registered and taken up for investigation. On completion of the investigation, the final police report charge sheeting only the appellant was fled. Since the charge sheet was fled under Ss. 498A/306/302 IPC, the police papers were committed to the court of the Additional Sessions Judge, South Tripura, Belonia. The Additional Sessions Judge, South Tripura, Belonia, hereinafter referred to as the trial court framed the charge against the appellant under Ss. 498 -A and 302 of the IPC. Alternative charge was also framed under Sec. 306 of the IPC. The appellant pleaded innocence and claimed to face the trial.