BABUL RABI DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 16.04.2007, passed by learned Sessions Judge, South Tripura, Udaipur, in Sessions Trial No.41 (ST/U) of 2006, whereby and whereunder learned Sessions Judge found convict appellant, Babul Rabi Das guilty of committing offence punishable under Section 498(A) and 304(B) of IPC and sentenced him to suffer rigorous imprisonment for life under Section 304(B) of IPC.

(2.) We have heard learned legal aid counsel, Mr. P. Saha for the appellant and learned P.P., Mr. D. Sarkar for the State respondent.

(3.) Briefly stated, prosecution case is that marriage between Parul Rabi Das, a young bride of about eighteen years, and the convict-appellant Babul Rabi Das was solemnized, being arranged socially, and after such marriage, they were residing as tenant in the house of Sefali Sutradhar of Agriculture Chowmuhuni, P.S. R.K. Pur, Udaipur, South Tripura. The appellant Babul Rabi Das, subjected to torture his wife Parul Rabi Das, both physically and mentally, and did not even provide her food regularly. He demanded Rs.5,000/- and asked his wife to bring the amount from her parents house as a dowry to the marriage and since the parents of Parul were very poor, they could not afford the amount and therefore Parul was subjected to severe physical assault by the accused in the matrimonial home. Landlady of the appellant and the neighbourers requested Babul not to physically assault Parul on demand of the amount but he paid no heed and continued to torture and torment upon her physically and mentally. On 01.08.2005(Monday), at about 20.30 hrs., Babul poured kerosene oil on the body of Parul from a table lamp of his house and set her to fire. Parul raising cry, came out and the neighbours rushed there and she disclosed to neighbours that the accused set her to fire pouring kerosene oil. Mother of Parul, the informant, Parbati Rabi Das was immediately reported by Biswajit Chakraborty, a neighbour and a witness to the occurrence, and thereafter, Parul was taken to hospital and she narrated the incident to her mother in presence of other witnesses. On that night at about 01.45 am Parul succumbed to the injury in the hospital. The informant, on the following day i.e. on 02.08.2005 reported the incident to the Officer In-charge of R.K. Pur police verbally, who recorded her statement and registered R.K. Pur P.S. case No.230/2005 under Section 304(B) of IPC and an investigation was taken up. In course of investigation, inquest report was prepared over the dead body and postmortem examination was also done by a team of three doctors in the Tripura Sundari District Hospital, Udaipur and the doctors opined that the cause of death was due to 90% burn injury and was homicidal in nature. The burnt wearing apparels of the deceased and kerosene lamp from which kerosene was poured on the person of the deceased were seized by police and produced before Court. Ultimately, on completion of investigation, SDPO, Udaipur submitted charge sheet against the accused appellant for commission of offence punishable under Sections 498(A) and 304(B) of IPC.