BILLAL MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, for short Cr.P.C., the judgment and order of conviction and sentence dated 07.01.2004 as passed by the learned Astt. Sessions Judge, South Tripura, Udaipur, in Sessions Trial No.107(ST/U)2002 whereby the appellants have been convicted under Section 498A of IPC and sentenced to suffer rigorous imprisonment for two years and the appellant No.1 was sentenced to suffer further rigorous imprisonment for eight years under Section 307 of IPC has been put under challenge. It is also directed by the impugned order of sentence that so far the sentences of appellant No.1 is concerned, those would run concurrently.

(2.) Essential facts, those are required to be appreciated, may be briefly noticed. On 04.06.2002, one Rasana Bibi, wife of the appellant No.1 filed a written complaint in the court of the Chief Judicial Magistrate, South Tripura, Udaipur, against all the appellants alleging that on 19.09.2001, corresponding to 2nd Aswin, 1408 B.S. she was married to the appellant No.1 according to the Shariat law. Her father gave a cash of Rs.10,000/- to satisfy the demand of the appellant No.1 and in addition thereto two bharis of golden ornaments, wooden cot, alna etc. were also given. The marriage was also solemnised after fixing the Mahr. After the marriage, the complainant started conjugal life with the appellant No.1 in her marital home. She was happy for 3/4 months and after that the appellant No.1 and other appellants started insulting the complainant to bring Rs.10,000/- as well as share of her properties from her father. On such demand, the appellant started physical and mental torture on her. In the month of Falguna, 1408 all the appellants jointly assaulted the complainant and ousted her from their residence. Finding no other way, she left for her father's house and took shelter there. Her father intimated the matter to the elderly people of Horijala village. Upa-pradhan of the said village namely, Sri Dipu Dey arranged a village baithak to find conciliation. In that meeting, decision was taken that her husband would take the complainant giving back due regard as wife. On 5th Baisakh, 1409 B.S. she was taken to her husband's house. A few days later, the appellants again started assaulting her to bring money from her father's house. On 08.05.2002 at about 11.30 pm, the appellants assaulted her severely. The appellant No.1 with intention to kill her inflicted a knife blow on her neck causing bleeding injury. At her shouting, neighbouring people came and she was taken to Kakraban Primary Health Centre. Then she was shifted to Udaipur hospital and thereafter to the GB Hospital, where she was treated. The learned Chief Judicial Magistrate, South Tripura, Udaipur, without taking cognizance under Section 190 of Cr.P.C., directed the police to investigate the allegations of complaint under Section 156(3) of Cr.P.C. and accordingly the Officer Incharge, R. K. Pur Police Station, on 06.06.2002, on receipt of the complaint, registered R.K. Pur P.S. Case No.141/2002 under Sections 498A/109 of IPC. After investigation was completed and finding a prima facie case had emerged, the Investi-gating Officer filed the charge sheet against the appellants under Sections 498A/324/307 of IPC.

(3.) Since the offence under Section 307 IPC is exclusively triable by the court of Sessions, the case, after taking cognizance, committed to the court of Sessions. The case thereafter was transferred to the file of the learned Astt. Sessions Judge, South Tripura, Udaipur, for trial. On examination of the materials as made available in the charge sheet, the following charges were framed against the appellants :