BISWAJIT BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present appeal is directed against the Judgment of conviction and sentence dated 19.05.2018 passed in Sessions Trial 64(U/K. of 2015, by the learned Sessions Judge, Unakoti Judicial District, Kailashahar, whereby the appellant was sentenced to suffer rigorous imprisonment for two years and a fine of Rs.10,000/- with a default stipulation for the offence under Section 498A of IPC and also sentenced him to suffer rigorous imprisonment for 8 years for commission of an offence under Section 304B of IPC.

(2.) Heard Mr. Samar Das, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P., appearing for the State-respondent.

(3.) Prosecution case, as encompassed from the FIR is that one Anima Das lodged a complaint with the O/C, Manu P.S. on 16.03.2015, that her daughter Ranjita Das was given in marriage with the appellant Biswajit Bhowmik of East Machli on 24th Sravana, 1421 BS as per Hindu rites and customs. After marriage her daughter was taken to her in-laws"? house. They started to live peacefully but after one month thereafter her daughter was subjected to physical and mental torture on demand of Rs.50,000/- as dowry by her in-laws. Her daughter informed them about the torture over telephone and told that if they failed to pay the said sum of Rs.50,000/-, then, she would be killed. Under that circumstance, the complainant being the mother paid Rs.50,000/- in cash to her son-in-law in presence of other members of his house, but, even after that the in-laws of her daughter pressurized her to pay again a sum of Rs.50,000/- which they also paid to the appellant on 1st Pousha. It was further stated that during that time her daughter was 7 months pregnant. She has further complained that the appellant had illicit relation with another Chakma lady and for that, he used to return home at dead hour of night and when her daughter tried to protest, the appellant used to beat her black and blue. Thereafter, on 23rd Pousha they brought her daughter to their home and during that time her daughter unfolded every episode of torture. However, on 27th Pousha they again sent their daughter back to her in-laws"? house, but her in-laws continued torturing her physically as well as mentally. On 15.03.2015 at about 8 A.M., the in-laws of her house informed them that her daughter was admitted in Manu hospital in serious condition and requested them to see their daughter. Accordingly, she and her husband went to Manu hospital and found their daughter lying dead in the morgue of the hospital. On removal of the clothes from her body, they found injury marks on neck and on other different parts of the body and they could understand that their daughter was murdered by her husband and her in-laws.