STATE OF TRIPURA Vs. CHUNILAL SAHA

JUDGEMENT

(1.) HEARD Mr. A. Ghosh, learned Addl. Public Prosecutor appearing for the State -appellant as well as Ms. R. Guha, learned counsel for the respondents.

(2.) THIS appeal, filed under Section 378 of the Code of Criminal Procedure is directed against the judgment and order of acquittal dated 13.08.2004 as passed by the learned Addl. Sessions Judge, West Tripura, Agartala in Case No. S.T. 45(WT/A) of 1998.

(3.) THE brief case of the prosecution in short is that one First Information Report was lodged by Sri Sudhir Ch. Saha to the Officer Incharge, East Agartala Police Station on 11.02.1997 at about 1.00 pm noon to the effect that while he was at his home he got an information from some persons that his daughter was set on fire by her father in -law and other inmates at around 12.00 pm. On receipt of the said information he had sent his son to the house of his daughter. On returning, his son informed that his daughter had been shifted in the G.B. Hospital. It has been alleged in the FIR that the parent -in -laws and three brothers -in -laws as well as the sister -in -laws used to torture his daughter for realising unlawful demands. Since the informant refused to effect the payment as claimed, the allegation as made in the FIR is that the accused -respondents had set the fire to kill her daughter. On the basis of the said First Information Report, East Agartala P.S. Case No.25/97 was registered under Sections 498(A), 325, 307, 34 of IPC and thereafter on the death of the victim, another Section was added i.e. Section 302 of IPC.