RAJIB BANIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) I have heard Mr. A. K. Bhowmik, learned senior counsel, assisted by Mr. S. Ghosh, learned Counsel for the appellants and Mr. R. C. Debnath, learned P. P. In-Charge for the State-respondent.

(2.) THESE 2 (two) Criminal Appeals arising out the same judgment are being disposed of by this common judgment. Criminal Appeal No. 70/2006 is directed against the judgment dated 10. 8. 2006 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. 168 (WT/a) 2004 convicting the appellants under Section 304-B IPC and sentencing them to 10 years rigorous improsonment. The appellant in Criminal Appeal No. 76/2006 was also found guilty of the same offences in the same trial, but was not sentenced to any imprisonment as he was found to be a minor, who comes under the purview of provisions of Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) THE case of the prosecution, in a nutshell, is that a written complaint was lodged by one Santosh Kumar Banik before the Officer In-charge, East Agartala police station on 16. 3. 2002 stating that his daughter Papia Banik was married to Rajib Banik as per Hindu rites and custom and that though all the demands of dowry were made by the informant at the time of marriage, the appellants started demanding afresh, after their marriage, additional dowry in the form of Yamaha motor bike and Colour TV. According to the prosecutor, the said Papia Banik (deceased) was not even allowed to visit her parents till the demands were fulfilled and this was informed by her over the telephone. Unfortunately, on 16. 3. 2002 at about 8. 30 a. m. , one Anil Choudhury informed the informant over telephone that the deceased was taken to the G. B. Hospital and that the informant, on learning the information, accompanied by Gautam Banik rushed to the G. B. Hospital where the deceased was found lying dead. It is the specific case of the prosecution that the deceased was mentally and physically tortured which resulted in her death. The aforesaid information was registered as East Agartala P. S. Case No. 53/2002 and the same was endorsed to Sl. S. Purkayastha for investigation. After investigation of the case, the police, having found a prima facie case, charge-sheeted all the appellants under Section 498a/304b IPC to face the trial. The case was committed to the court of Sessions Judge, West Tripura, which was eventually taken up by the learned Additional Sessions Judge, West Tripura, Agartala.