BIMAL CHANDRA SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Appellant Sri Bimal Chandra Sarkar was tried along with Parimal Sarkar, Smt. Sukla Sarkar, Probhat Sarkar and Smt. Khela Rani Sarkar in Sessions Trial No. 33 (ST/S) of 2003 by the Additional Sessions Judge, South Tripura, Udaipur under the charges 498(A)/304B(2), IPC while appellant Bimal Chandra Sarkar was alone tried in the aforesaid trial under Section 302, IPC. After due trial, all the accused persons including the appellant herein were found not guilty under the charges 498A/ 304(B)(2), IPC, and accordingly all were acquitted. However, the trial court did record a finding of guilt against the appellant under Section 302, IPC, and convicted and sentenced to suffer imprisonment for life and fine of Rs. 5,000 in default to suffer R.I. for another year.

(2.) Appellant being dissatisfied with the judgment and order of conviction and sentence as indicated above, rendered by the Additional Sessions Judge, South Tripura, Udaipur preferred this instant appeal contending various grounds among others that the trial court failed to read the facts and circumstances of the case and evidence on record in its proper perspective and, thus, arrived at an erroneous finding, which cannot sustain legally.

(3.) In order to appreciate the merit of this appeal it would be appropriate for us to traverse the facts in a nut shell. Appellant Bimal Chandra Sarkar is the husband of the deceased Bina Roy (Sarkar), while the other accused persons, whose names are indicated above, are the in-laws of the deceased. Said Bina Roy (Sarkar) was given in marriage with the appellant on 26th Ashar 1408 BS (10th July, 2001). Both started their conjugal life staying at the residence of Bimal Ch. Sarkar and both maintained a cordial relationship in between. But after some months of the marriage, Bimal Ch. Sarkar at the instigation of her (deceased) in-laws started ill-treatment to Bina Roy (Sarkar) for cash and Yamaha motor cycle to be collected from her parents house. When Bina Roy (Sarkar) failed to fulfill their demand on account of financial constraint of her parents, tortured on her aggravated. At that time Bina Roy (Sarkar) was carrying pregnancy and for delivery she had been to her parents residence. On 9.12.2002 Bina Roy (Sarkar) gave birth a child and she came back to her matrimonial home along with the baby. Four to Five days later, Bina Roy's (Sarkar's) mother (PW2) had also been to her (tit-ceased) matrimonial home. Even in presence of her mother (PW2) Bina Roy (Sarkar) was mentally tortured by her in-laws. On 31.12.2002 Bina Roy (Sarkar) was allegedly killed by her husband, the appellant Bimal Chandra Sarkar and hanged her by fastening with a rope to a "Vim" at her own room. On her death, her brother (PW1) on 1.1.2003 filed an FIR (Ext.-1) with the Officer-in-charge of Manu Bazar Police Station, Sabroom, South Tripura. Manu Bazar Rs. Case No. 1 of 2003 was registered on 2.1.2003. Inquest on the dead body was conducted by S.I. Subrata Debbarma (PW11). Post mortem on the dead body of Bina Roy (Sarkar) was conducted by Dr. Pradyut Kanti Debbarma (PW12) on 2.1.2003. After completion of the investigation police submitted charge sheet against the appellant and other named accused persons under Sections 498A/303/304B and 302, IPC.