GOUTAM TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal, under Section 374 of CrPC is directed against the judgment and order of conviction and sentence dated 02.05.2006, passed by learned Addl. Sessions Judge, Belonia, South Tripura, in Session Trial No. S.T. 4(ST/B)/06, whereunder learned Addl. Sessions Judge found the accused appellant guilty of committing offence punishable under Section 498A of IPC and sentenced him to suffer RI for two years and to pay a fine of rupees two thousand, in default of payment of fine to suffer SI for three months.

(2.) HEARD learned counsel, Mr. S. Sarkar for the appellant and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) PROSECUTION case, in short, is that one Jatan Tripura lodged an FIR in writing with the O/C Belonia PS on 06.04.2005, alleging that his sister Jatanmala Tripura was given in marriage with accused Goutam Tripura of Bahadur Para about six/seven years ago and, after marriage Goutam and Jatanmala Tripura lived together as husband and wife and they were blessed with two female children, one aged about six years and another one and half years. At the time of marriage, on demand of the accused persons, cash money and other articles were gifted. They had been living peacefully for five/six months after marriage and, thereafter, the accused put pressure on his sister for bringing cash money and other articles from the parental home and on that issue the accused used to inflict physical torture upon his sister. The incidents of such torture were taken to the notice of the parents at different times and the parents also helped the accused by providing cash money, rice, etc. The dwelling hut of the accused was also constructed by the informant and his parents. About six months before the death of his sister, she came to the parental home and informed that her husband after returning from his work assaulted her and made an attempt to kill her, pressing her throat and also rebuked her in filthy language. She stayed in the parental home for two days and, thereafter, on the assurance of the neighbourers she was given back to her husband's house by her mother. Thereafter also, the accused inflicted torture on her. After about two months, on another day his sister again came to their house with her elder daughter and told them that the accused inflicted torture on her. Seventeen/eighteen days before death, on a day in the morning, at about 7 o'clock, his sister again came to their house and informed them that the accused was creating pressure on her for bringing cash money and when she refused to do so the accused rebuked her in filthy language and compelled her to go out of the matrimonial home. He along with his parents persuaded her to go back to the matrimonial home and, accordingly, she went back to her husband's house. on 27.03.2005, a Sunday, at about 5.30 am, father of the accused and another neighbour Durjoy Tripura came to their house and informed that on the previous night his sister committed suicide by hanging in the dwelling hut and hearing the incident he went there and found the dead body of his sister in hanging condition. He came to learn from others that on Saturday night, at about 10/11 pm, the accused person inflicted physical and mental torture on his sister and his sister, being incapable of bearing with the continuous torture, committed suicide and the accused is liable for the death of his sister.