BENULAL DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) TWO appellants in this criminal appeal are challenging the judgment-dated 10. 9. 1998 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Sessions Trial No. 13 (ST/d) of 1998 convicting them under Section 201 IPC and sentencing the appellant No. 1 to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2000/-, in default to suffer further rigorous imprisonment for three months, and also sentencing the appellant No. 2 to pay a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for six months.

(2.) I have heard Mr. A. C. Bhowmik, learned Counsel for the appellants and Mr. A. Ghosh, learned P. P. In-charge for the respondents.

(3.) BOTH the appellant were charged under Section 302/201 IPC. The case of the prosecution is that the deceased Jyoti Rani Debnath aged about 32 years was given in marriage with the appellant No. 1 and from their marriage, two daughters and one son were born to them. Two years before the death of the deceased, the appellant No. 1 and his mother-in-law used to treat the deceased cruelly and used to beat her. On 29. 1. 1995, at about 7/7. 30 p. m. , the sister in law of the deceased came to the informant and informed him that his sister had consumed poison and was lying at Belonia hospital. The informant (P. W. 1) was stated to have at once gone to Belonia hospital where he learnt that his sister was already dead. The informant was also stated to have noticed severe injury marks on the right eye and the right side of the neck of the deceased whereupon he came to suspect that his sister was murdered by the appellant No. 1 and his brother Uttam Debnath. On the basis of the FIR lodged by the informant, the Belonia Police Station registered case No. 10/95 under Section 302 read with Section 34 IPC and investigated the case.