SUBHASH CHANDRA DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal arises out of the judgment randered in Sessions Trial No. 38(S. TAJ) 88 on 10th day of November, 1989 whereby learned Additional Sessions Judge, South Tripura convicted the appellants viz. Subhash Chandra Debnath, Nepal Chandra Debnath, Shri Bhagaban Chandra Debnath, Smti. Shaila Bala Debnath and Smti. Sobha Rani Debnath for commission of the offence under Section 498A of Indian Penal Code and sentenced the first four appellants to suffer R.I. for three years and to pay a fine of Rs. 200/- each in default of which to suffer a further period of six months. The appellant No. 5 Smti. Sobha Hani Debnath was however, sentenced to suffer detention till rising of the Court.

(2.) The appellant Nos. 1 and 2 namely, Subhash Ch. Debnath and Nepal Ch. Debnath are the sons of appellant No. 3 Bhagaban Chandra Debnath and appellant No. 4 Smti. Shaila Bal Debnath is the wife of the appellant No. 3 and appellant No. 5 is the daughter of appellant No. 3. The appellant No. 1 Subhash Chandra Debnath was married to Manju Rani Debnath. The marriage took place on 14th Falgun, 1392 B.S. and it was solemnised according to Hindu rites and customs.

(3.) The facts of the case as disclosed by the prosecution witnesses are that at the time of marriage the appellant No. 1 was given a dowry of Rs. 2,001/- in cash and certain other articles. But this dowry did not satisfy the appellant No. 1 and his parents. It was alleged that since the marriage they were dis-saisfied and started pestering Manju Rani on this account. She was harassed and was told that she was neither good-looking having black complexion nor did her parents give sufficient dowry and hence Appellant No. 1 and other-in-laws of Manju Rani demanded a further sum of Rs. 3,000/- and also told her that she would be sent back to the house of her father in case this demand was not met.