SUJIT DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal jail appeal is directed against the judgment dated 11- 6-2013 passed by the learned Additional Sessions Judge, Khowai, convicting the appellant under Sec. 498-A/312 IPC and sentencing him to undergo rigorous imprisonment for three years with fine for the offence under Sec. 498-A IPC and to suffer rigorous imprisonment for two years with fine for his conviction under Sec. 312 IPC. Both the sentences are to run concurrently.

(2.) The facts giving rise to this appeal, as alleged by the prosecution, are that as per the ejahar dtd. 20/4/2007, the victim, namely, Smt. Laxmi Debnath, daughter of Smt. Lilu Debnath (the informant, who was examined as PW-4), was given in marriage to the appellant (Shri Sujit Debnath) on 11- 10-2006; the marriage was solemnized according to Hindu rites and rituals. At the time of their marriage, PW-4 party gave Rs.15,000.00 in cash along with golden ornaments and other household furniture as per the demand of the bridegroom. But due to financial constraints, the parents of the victim could not fulfill his demand of one colour TV and so they assured them to fulfill the demand within 2 and half months which they could not fulfill due to financial hardships whereupon the appellant started physical and mental tortures upon the victim; by this time, the victim was already pregnant. On one occasion, the appellant had called the parents of the victim with false information that their daughter was seriously ill. However, on their arrival, they found the victim in healthy condition. On their query, the appellant told that he had intentionally gave false information as they failed to give the Colour TV and stated that he would not accept her daughter any more if TV was not presented to him. He further demanded a sum of Rs.10,000.00 for the delay in not presenting the TV in time. He even dragged the victim by pulling her hair to compel them to present the colour TV. On giving reassurance, the parents of the victim returned home. Though the appellant initially hesitated, he ultimately allowed the parents of the victim to take her to their house for treatment. It was after her taking to their home, they came to know from the victim that the appellant had tried to forcibly abort the baby in the womb of the victim by administering local medicines. Thereafter, the informant returned the victim to the appellant after giving her treatment. However, on 17/3/2007, the informant received information that her daughter was seriously ill and was admitted to Khowai Hospital. On their arrival at the Khowai Hospital, the informant and others came to know that the victim died on 16/3/2007. Apparently, on the written information given by Dr. Debashish Nath at Khowai Hospital, U.D. Case No. 07/2007 was registered at Khowai PS and the police thereafter prepared the inquest report over the dead body of the deceased and arranged the post mortem examination by observing formalities to ascertain the actual cause of her death.

(3.) After 34 days of the death of the deceased, PW-4 on 20/4/2007 lodged a written ejahar with the Khowai Police Station against the appellant and based on such information, Khowai Police Station Case No.25/07 was registered U/s 498-A/304-B IPC against the appellant. After completing the investigation, the IO of the case submitted the charge sheet against the appellant U/s 498-A/304-B IPC. After hearing the prosecution and the appellant, the learned Additional Sessions Judge framed the charges against the appellant U/s 498-A/304-B, to which the appellant pleaded not guilty to the charge and claimed to be tried. In the course of trial, the prosecution examined 11 witnesses and exhibited certain documents to bring home the charges against the appellant. After examining the appellant U/s 313 CrPC, passed the impugned judgment convicting him U/s 498- A/312 IPC and sentencing him in the manner indicated earlier. Aggrieved thereby, this appeal is now preferred by the appellant.