STATE OF TRIPURA Vs. DULAL DEY

JUDGEMENT

(1.) THE State appellant, questioning the legality of the judgment and order dated 9-5-2000 passed by the learned addl. Sessions Judge, West Tripura in case no. ST (W. T/a) 178/97, whereby and where-under the respondent-accused was acquitted from the offence and charges levelled against him under Ss. 498-A/304-B, I. P. C. , prefers the present appeal u/s. 378 of Cr. P. C.

(2.) I have heard Mr. A. Ghosh, learned addl. PP for the State-appellant and Mr. A. C. Bhowmik, learned counsel for the accused-respondent.

(3.) FILTERING out the unnecessary details, the prosecution story is as follows : the deceased-Milan, sister of the informant Samar Barman (P. W. 5) had fallen in love with the accused-respondent and as a result of the said love affairs they got married which was held in the month of December, 1996 without the consent of the family members of Milan. On 8/9th March, 1997 at about 1 O'clock at night the younger brother of Dulal, the accused-respondent, came to the house of Samar, i. e. the brother of Milan the informant, took him to the house of the accused-respondent and going there the informant saw his sister with burn injury because of setting fire on her person and grieving in pain. The deceased-Milan was taken to the hospital on that night for her treatment but even after due treatment also she could not survive as 80% burn injury was caused to her. And on 19-3-1997, milan expired in the hospital. After the death of Milan the informant lodged a complaint to the Officer-in-charge, East Agartala, police Station stating that he fully believes that his sister Milan was severely injured by setting fire on to her person by her husband dulal. And as the informant was busy with his sister's treatment he could not lodge the complaint in time.