ANIL SUTRADHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Datta, learned counsel appearing for the appellant as well as Mr. A. Ghosh, learned Additional Public Prosecutor appearing for the State.

(2.) This appeal under Section 374 of the Code of Criminal Procedure 1973 (hereinafter referred to as Cr. P. C.) is directed against the judgment and order dated 19-8-2008 passed by the Additional Sessions Judge, South Tripura, Belonia in ST 22(ST/B) of 2008 whereby the appellant has been convicted under Section 304-B and under Section 498-A of the Indian Penal Code (hereinafter referred to as the IPC) and sentenced to suffer RI for 10 years and fine of Rs. 10,000/-, in default of payment of fine to suffer S. I. for 1 year for commission of offence punishable under Section 304-B of the IPC. The appellant has been further sentenced to suffer RI for 2 years and to pay fine of Rs. 5,000/-, in default of payment of fine to suffer S. I. for 6 months for commission of offence punishable under Section 498-A of the IPC with a direction that both the sentences will run concurrently.

(3.) The genesis of the prosecution is rooted, when one Ranjit Das, the PW-1, by filing a written ejahar disclosed that his sister, namely, Khuku Das had been married to the appellant two years prior to the offence as alleged. The appellant used to torture his sister demanding a sum of Rs. 10,000/- as 'dowry' and used to create pressure to bring money from her father's house. Since she could not get the money from her father's house she was subjected to physical torture and the marks of such violence were visible on her body. After her marriage she did not visit their house. Whenever the informant visited the house of his sister, she used to narrate the stories of torture on demand of money. On 17-4-2007 at 12 O'clock at night she being unable to bear the torture committed suicide by consuming poison. On that day, at about 9 a.m. his sister rang to their house and told about the torture. The appellant threatened his sister if within 2/1 hour she did not bring money she would be buried alive. His sister had a 8 months old baby. The informant also stated in the ejahar that they arranged Rs. 10,000/- but could not see his sister alive as she committed suicide being unable to bear the physical torture.