SUBHASH DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16. 07. 2005 passed by the learned Asstt. Sessions Judge, West Tripura, Agartala (Court No. 2) in S. T. No. 111 (WT/a)/2004, convicting and sentencing the appellant to suffer rigorous imprisonment for a period of three years with a fine of Rs. 2,000/-, in default of payment thereof, to suffer rigorous imprisonment for a further period of three months and also to suffer rigorous imprisonment for a period of 10 years under Sections 498-A IPC and 304-B IPC respectively.

(2.) HEARD Mr. A. K. Bhowmik, learned senior counsel assisted by Mr. S. Ghose, learned counsel appearing for the appellant and Mr. R. C. Debnath, learned In-charge Public Prosecutor for the State-respondent.

(3.) THE prosecution case, in brief, is that the deceased Bina Paul married to the appellant on 13. 05. 2000. Besides the other gifts given to the appellant, there was a demand of Rs. 25,000/- from the side of the appellant as dowry, which the deceased's family could not fulfill except the payment of Rs. 5,000/ -. The deceased asked the informant on 10. 05. 2001 for making immediate payment of the balance amount failing which she would not be allowed to visit her parental house again. On 16. 12. 2001 at the midnight the deceased was set on fire preceded by assault by her husband bolting the door of the room from inside. In the early morning of 17. 12. 2001 she was taken to G. B. Hospital with severe burn injuries on her body for treatment, where she succumbed to the burnt injuries on 28. 12. 2001.