PRAHALLAD BISWAS & OTHERS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant criminal appeal is directed against the impugned judgment and order dated 19.4.2010 passed by the learned Addl Session Judge, Court No.3, Agartala, West Tripura in Session Trial No.5 (WT/A) of 2006 convicting the appellants under sections 498A/306 read with 34, IPC.

(2.) Heard Mr. S. Kar Bhowmik, learned counsel appeared for the appellants as well as the learned State Counsel, Mr. R.C. Debnath. PP, appeared for and on behalf of the State.

(3.) Learned counsel, Mr. S. Kar Bhowmik, appearing for and on behalf of the appellants-accused submitted that in the instant case, the learned Court below had overlooked to the evidence recorded by the trial Court. He also, further, submitted that the learned Court below failed to appreciate the evidence in its proper context. 'Hie learned counsel, further, submitted that on perusal of the evidence in its totality, the ingredients of sections 306, 498A, 34, Penal Code do not come in operation. Learned Court below very mechanically passed the conviction without considering the inconsistency of the prosecution evidence. I earned counsel also further submitted that the appellant No. 1, Mr. Prahallad Biswas, is in jail for more than two years and he is still in jail; therefore, he prayed that the appeal may be allowed and the impugned judgment dated 19.4.2010 may be quashed and set aside. In support of his submission, Mr. S. Kar Bhowmik, the learned counsel for the appellants relied upon (1) the dictionary meaning of the word 'instigation' as explained in Oxford Advanced Learner's Dictionary, New, 7th Edn.; (2) the judgments as reported in 1971 Cri LJ 1484 (Delhi High Court) in the case of Madan M. Behl & another Vs. National Small Scale Industries Corporation ; the judgment of Kerala High Court as 2005 Cri LJ 4322 in the case of Cyriac Vs. Sub-Inspector of Police, Kaduthuruthy ; the decision as in State of Orissa Vs. Niranjan Mohapatra & others, AIR 2005 SCW 891 and the decision of this Court Gautam Saha Vs. State of Assam, (2006) 1 GLR 727 (2005 (2) GLJ 482).