PRIYALAL GOPE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13. 7. 2000 by Additional Sessions Judge, Belonia, South Tripura in ST. 8 (ST/b) 2000 convicting the appellant under Sections 306 and 498a of the Indian Penal Code (for short IPC) and sentencing him to suffer rigorous imprisonment for five years with a fine of Rs. 1000/- and three years with a fine of Rs. 500/- respectively.

(2.) ON 1. 4. 1999 Saraswati Gope, wife of the appellant herein Sri Priya Lal Gope, committed suicide by hanging from a tree putting an end on her marital life after a period of 12 years. She gave birth to three children one of whom is no more. According to the prosecution version her life in the matrimonial home was not peaceful. Since the birth of her first child her life entered into a new chapter of regular persecution by her husband who became cruel and tortured her physically and mentally. Many a time she was unable to bear the torture and had to leave the marital home. But her relatives and village elders persuaded her to return to the marital fold. In the turbulence of the period punctuated by mounting cruelty she gave birth to two more children with her sufferings unabated. Finally she found the escape route successfully hanging her from a tree.

(3.) HER father Sudhangshu Majumder (P. W.- 4) lodged the complaint in the court of Sub-Divisional Judicial Magistrate, Belonia on 3. 4. 1999 which was directed to be investigated by police. The case was registered under Sections 498a and 306 IPC. The close neighbours of the accused-husband unequivocally stated that the deceased was subjected to torture by the husband almost regularly and on several occasions she was forced to take shelter in her parents' house. She disclosed to them that cruelty of her husband was getting intensified and it was difficult for her to survive. He implored them to save her. They, however, consoled her but expressed their helplessness advising her to take help of her parents. The version of her father and brother shows that there was a demand by the persecutor for money which she was unable to bring from her parents. This version of dowry demand has not, however, been supported by the neighbours who strongly testified to the factum of torture. Even two days before the suicide she was severely assaulted by the appellant.