PRABIR SEN Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal under Sec. 374(2) of the Cr.P.C. by the convict, hereinafter referred to as the appellant, from the judgment dated 05.09.2013 delivered in S.T. 55/2009 by the Sessions Judge, West Tripura, Agartala. By the said judgment dated 05.09.2013 the appellant has been convicted under Ss. 304B and 498A of the IPC and sentenced by the order dated 07.09.2013 to suffer rigorous imprisonment for 10 years for committing offence under Sec. 304B of the IPC and 3 years rigorous imprisonment with fine of Rs. 5,000/ - for committing offence punishable under Sec. 498A of the IPC, with default imprisonment.

(2.) The prosecution against the appellant is rooted in the written ejahar filed by one Paltan Roy Nandi, PW9, disclosing that his sister, namely, Rita Roy Nandi was given in marriage with the appellant 18 months before the day of filing the ejahar. They fulfilled the demands of the appellant's family at the time of wedding but immediately after the marriage his sister was subjected to torture by the inmates of the appellant's family but his sister bore such torture silently. On 01.12.2007, in the early part of the day at about 9 O'clock the informant got the information from a neighbour of his sister's matrimonial home that his sister's husband, father -in -law, mother -in -law and brother -in -laws had set fire on his sister and she had been taken to GBP Hospital for medical treatment. Based on the said written ejahar (Exhibit -5), Bodhjungnagar PS case No. 35/2007 under Ss. 498A/326A of the IPC was registered.

(3.) It has transpired from the records that during investigation, the sister of the informant died on 07.12.2007 at 6.00 p.m. in the GBP Hospital. At the instance of the Investigating Officer the concerned Magistrate allowed to add Sec. 302 of the IPC for the purpose of investigation. Having completed the investigation, the police submitted the final report charge sheeting the appellant, Pramod Ranjan Sen & Smt. Jyoti Rani Sen, his parents, under Sec. 302/498A/34 IPC. The case was committed to the court of the Sessions Judge, West Tripura, Agartala as the offence punishable under Sec. 302 of the IPC is exclusively triable by the Court of Sessions.