AMRIT LAL DEBNATH S/O ALANGA DEBNATH AND ALANGA DEBNATH, S/O LATE LAXMI KANTA DEBNATH Vs. STATE OF TRIPURA, PUBLIC PROSECUTOR

JUDGEMENT

(1.) This appeal is directed against the judgment and Order dated 25.08.2003, passed by the learned Additional Sessions Judge, West Tripura, in Sessions Trial 61 (WT/A) of 2000, whereby the Appellants have been convicted both under Sections 498 A and 306 of the Indian Penal Code. The Appellant No. 1 is the husband and Appellant No. 2 is the father-in-law. The Appellant No. 1 has been sentenced to undergo Rigorous Imprisonment for 3 (three) years for his conviction under Sec. 498 A of the Indian Penal Code and Rigorous Imprisonment for 5 (five) years with fine of Rs. 1,000.00with default sentence of Simple Imprisonment for 3 (three) months, for his conviction under Sec. 306 of the Indian Penal Code. The Appellant No. 2 has been sentenced to undergo Rigorous Imprisonment for 1 (one) year for his conviction under Sec. 498 A and Rigorous Imprisonment for 3 (three) years for his conviction under Sec. 306 of the Indian Penal Code (hereinafter, in short, referred to as "the IPC"). Being aggrieved with the conviction and sentence, both the convicts have preferred this appeal.

(2.) Heard Sri D C Roy, learned Counsel appearing for the Appellants. Also heard Sri A Ghosh, learned Additional Public Prosecutor appearing for the State of Tripura. I have also gone through the impugned judgment and evidence on record.

(3.) Apparently and admittedly, the deceased committed suicide within a period of 11/2 years of her marriage with the Appellant No. 1. In the trial Court, the prosecution examined altogether 21 (twenty-one) witnesses, including the mother, brothers and relatives of the deceased as well as independent witnesses from the village of the accused persons and formal witnesses like doctors and Investigating Officers. In addition to the oral testimony of the witnesses, the prosecution also brought on record the 'dying statement/declaration' of the victim, which was proved through PW-3 (Medical Officer).