STATE OF TRIPURA Vs. ANJOY KAR

JUDGEMENT

(1.) Heard Mr. A. Roy Barman, learned Addl. P.P. appearing for the appellant [the State of Tripura] as well as Mr. D.C. Roy, learned counsel appearing for the accused-respondent.

(2.) This is an appeal under Sec. 378 of the Cr.P.C. from the judgment and order of acquittal dtd. 18/1/2016 delivered in S.T. 14 (G.T/U.) of 2015. By the said judgment and order, the accused-respondent namely Anjoy Kar has been acquitted from the charge framed by the trial court under Ss. 498A and 306 of the IPC. Being aggrieved by that judgment and order of acquittal the present appeal has been filed by the state.

(3.) The genesis of the prosecution is located in the complaint filed by one Mithun Roy on 15/3/2015 to the Officer-in-Charge, R.K. Pur police station revealing that his sister Pinki Roy was given marriage with the respondent. At the time of marriage some gifts were given. But after sometimes of their marriage, the respondent started pressurizing his sister to bring Rs.50,000.00 from the matrimonial home. Since they could not provide that sum, his sister was subjected to torture and harassment. Despite that the victim adjusted and in the wedlock, a girl child was born. On 15/3/2015 he received the news of death of her sister which according to him is a suicide. On the basis of that information, R.K. Pur Women P.S. Case No. 2015 WRP025 was registered under Ss. 498A/306 of the IPC and taken up for investigation. Having completed the investigation, the police report was submitted under Sec. 306/498A of the IPC. Since the offence of abetment to suicide was exclusively triable by the court of sessions, the police papers were committed to the court of the Sessions Judge, Gomati Judicial District, Udaipur, who thereafter transferred the case to the Asstt. Sessions Judge, Gomati District, Udaipur for trial. Having taken the cognizance, the Asstt. Sessions Judge framed the charge under Ss. 306/498A of the IPC, to which the respondent pleaded innocence and claimed to be tried.