BIKASH GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order, dated 15.12.2005, passed by the Judge, Fast Track Court (Additional Sessions Judge), North Tripura, Kailashahar in S.T. 113 (NT/K)/02 whereby and whereunder, while the accused appellants, namely, Bikash Ghosh and Smt. Sikha Ghosh, got acquitted from the charge under Section 304B, IPC, were convicted under Section 498(A), IPC and sentenced to suffer R.I. for 21/2 years and to pay a fine of Rs. 5,000 each, i.e. to suffer R.I. for six months. Fine money if realized shall be paid to Sri Abinash Paul, (P. W-1) the father of the deceased Shilpi, as compensation. Heard Mr. S. Chakraborty, learned Counsel appearing for the appellants and Mr. A. Ghosh, learned Addl. P.P. appearing for the State.

(2.) The prosecution case as unfolded with the FIR lodged on 19.7.2002 by the father of the decease (P.W.1) with the Officer Incharge, Kailashahar Police Station is that the deceased Shilpi was given marriage with the accused Bikash Ghosh, the accused appellant No. 1 herein, on 21st January, 2002 as per Hindu rites and customs and after few days, when the informant went to see her daughter in her matrimonial house, the accused persons did not allow him to meet his daughter and even they did not allow the informant to take his daughter to his home on "Niyar" (a visit of the married daughter at the parental house) and they demanded for payment of Rs. 50,000 and threatened him that unless the said amount is paid, they will kill his daughter Shilpi.

(3.) On 11.7.2002, the informant and his son, Sri Amrit Pal (PW4) again went to meet Shilpi at her matrimonial home and on that day also, the accused persons did not allow them to see Shilpi on the same plea. It has also been stated that the deceased Shilpi used to inform the PW 1 about torture caused on her in her matrimonial house.