DULAL DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant was found guilty of committing offence punishable under Sections 436 and 498-A of I.P.C, by learned Additional Sessions Judge, Belonia, South Tripura in Sessions trial No.S.T.1(ST/B)2006 and he was sentenced to suffer RI for 6 (six) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand) in default to suffer SI for 1(one) year under Section 436 and again to suffer RI for 2(two) years for commission of offence punishable under Section 498-A of I.P.C and directed that the sentences shall run concurrently.

(2.) Fact of the case may be summarized thus : Marriage between Sabita Debnath PW.1 and the accused appellant Dulal Debnath, was solemnized as per Hindu rites and thereafter, they lived and cohabited as husband and wife in the house of the accused at Satmura, under Police Station- Belonia and a male child was born out of their wedlock after 4 (four) years of marriage. The accused used to inflict torture, both physically and mentally on Sabita in the matrimonial home and to purchase peace her parents (PWs.2 and 4) after selling their property at Manubazar gave Rs.35,000/- (Rupees thirty five thousand) to the accused. Because of torture of the accused Sabita left her husband's house and took shelter in her parents' house in the year 2004 but after about 6/7 months she went back to her husband's house at the instance of her husband and husband's brother-in-law but soon thereafter, the accused again started torture on her and she therefore, left her husband's house and took shelter in her parents' house at Santirbazar. Her parents were living in the house of her maternal uncle Gopal Debnath at village Mahamuni under Santirbazar PS. Her father belonged to BPL class and had no house or other property and used to depend on the income on cultivating the land of her maternal-uncle, Gopal Debnath as an under rayati.

(3.) Prosecution examined 9(nine) witnesses. Out of them, PW.1 is the wife of the accused and PWs.2 and 4 are the parents of PW.1 and out of them PW.2 lodged the F.I.R.. PW.3 is the maternal-uncle of PW.1, i.e. the brother of PW.4 and brother-inlaw of PW.2, in whose house the parents of Sabita were living. PWs.5 and 6 are the neighbourers of PWs.2 and 4. PWs.7, 8 and 9 are the Police personnel and out of them PW.9 is the I.O of the case.