NIDHAN BISWAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) A young bride committed suicide in her nuptial home within a period of seven months from her marriage after having failed to bear the humiliation and torture in the hands of her in-laws. The investigation and trial that followed her death found her husband, mother-in-law and husband's elder brother guilty of offence punishable under Ss.306 and 498-A of the Indian Penal Code (for short, 'IPC'). They have been convicted accordingly with sentence of imprisonment and fine by the learned Addl. Sessions Judge, South Tripura, Belonia in his judgment dated 19-3-1998 in Sessions Trial No. 56 (ST/B) of 1997 which has been put under challenge in the present appeal.

(2.) The first appellant herein, Sri Nidhan Biswas was the husband of the deceased-bride, the second appellant, Sri Sadhan Biswas and the third appellant Smt. Jyotibala Biswas are the elder brother and mother respectively of the first appellant. The prosecution version is that the deceased-Jharna, the daughter of Jatindra Kumar Majumdar (P.W. 1) was given in marriage to Nidhan Biswas (first appellant) in 1993. Before the marriage it was negotiated and settled that Rs. 19,000.00 would be the cash dowry to be paid by bride's father apart from ornaments and other accessories. Accordingly, Jatindra paid Rs. 16,000.00 at the time of marriage with assurance to pay the rest within a year. But, soon after the marriage, the bride was subjected to humiliation for non-payment by her father of the balance amount of Rs. 3,000.00. The deceased informed her father that she was being ill-treated by her brother-in-law and mother-in-law for the said amount. Her father visited the house of her in-laws and came to know from the deceased that her husband Nidhan, brother-in-law Sadhan, mother-in-law Jyotibala and another brother-in-law Bldhan had assaulted and tortured her for the said amount of dowry. P.W. 1 was also insulted and abused for his failure to pay the balance amount. On 17-8-1993, after a period of 7 months from the date of marriage, the bride committed suicide by hanging. The father and brother of the deceased after getting intimation about her death rushed to the house of the in-laws, but they alleged that they were not allowed to see the dead body. The in-laws confined them in the house of their neighbour Dabendra Biswas (P.W. 2). They were, however, released on the following day and the father of the deceased was not even allowed by Sadhan, Bidhan and Nidhan to proceed to Bikhora Police Station to lodge an information. However, P.W. 1 claimed that after two days, he sent a complaint petition to the police station which was not acted upon. The Bikhora Police Station, however, received intimation about the unnatural death of the deceased and after registering a case accordingly to ascertain the cause of the death proceeded under S. 174 of the Code of Criminal Procedure (for short, 'Cr. P.C.'). According to the post-mortem report, the death was due to hanging being suicidal In nature. No external injury was found on the body of the deceased. Dissatisfied with the Police action in the enquiry done under S. 174, Cr. PC., the father of the deceased filed a complaint petition in the Court of learned Sub-Divisional Judicial Magistrate (SDJM), Belonia on 18-10-1993 after a period of two months from the date of occurrence. The said complaint petition was forwarded by the learned SDJM to the Bikhora Police Station who registered the case only on 9-11-1993 and propeeded to conduct a regular investigation. Though the appellants along with the inmates were initially booked under Ss. 302 and 498-A of I.P.C., finally only the three appellants herein were charged under Ss. 306 and 498-A of IPC.

(3.) The defence version with regard to dowry Is of admission that as per their demand, it was settled that the father of the bride would pay Rs. 19,000.00 dowry out of which at the time of marriage, Rs. 16,000.00 was paid. But they denied the allegation that there was any sort of mental or physical torture or humiliation upon the deceased for non-payment of the remaining amount of Rs. 3,000.00 by her father. It is the case of the convict-appellants that she was suffering from certain mental disorder since before her marriage and she committed suicide for reasons not known to them. It is asserted that on their part, there had never been any provocation to her for committing suicide.