SWAPNA SAHA BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition presented under Section 401 of the Crpc read with Section 397 Crpc, is directed against the impugned Judgment and Order dated 11. 01. 2008, passed by the learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 20 (3) of 2007, upholding the Judgment and Order dated 04. 09. 2006 passed by the learned Assistant Sessions Judge, South Tripura, Udaipur in Sessions Trial Case No. 85 (ST/a)/2005, whereby the petitioner was convicted under Section 306 IPC read with Section 34 IPC and sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 3,000/-, in default of payment of fine to suffer further rigorous imprisonment for another three months.

(2.) IT sounds as freaky as unthinkable to hear the story of a thoroughly obnoxious sexual relation between mother-in-law and son-in-law. The prosecution story runs like this. One Smt. Jayanti Saha (Bhowmik) was married to one Shri Pintu Bhowmik as per Hindu rites and customs. Pintu Bhowmik began to reside in the matrimonial house of Jayanti Saha (Bhowmik ). Smt. Swapna Saha, the petitioner is the mother of Jayanti Saha (Bhowmik ). Smt. Swapna Saha has been living with her own son and daughter. In the house of Smt. Swapna Saha, Jayanti Saha (Bhowmik) and Pintu Bhowmik have been living with her. The petitioner Swapna Saha lost her husband long back. An illicit sexual relationship grew up in between Pintu Bhowmik and his mother-in-law, Swapna Saha Bhowmik. Jayanti Saha (Bhowmik) used to raise objections against the said illicit relationship. For this reason the accused Pintu and Swapna Saha used to torture Jayanti both physically and mentally. Jayanti Saha (Bhowmik) sometime had to pass her days in starvation or half starvation. Swapna's son Suman Saha (Bhowmik) also knew about the illicit relationship between her mother and Pintu Bhowmik and used to raise objection. For this reason his mother sometime pushed out Suman from the house. On 29. 05. 2005, at about 1 p. m. , Jayanti tried to commit suicide in the house of her mother by pouring kerosene on her body and setting fire by a lighted matchstick on her body. Jayanti sustained burn injury on her body and she was shifted to Amarpur Hospital from where she was ultimately referred to G. B. Hospital at Agartala. Suman Saha (Bhowmik) lodged a written FIR with Birganj Police Station. A crime, being Birganj P. S. Case No. 18/2005 was registered under Sections 306/511/34 IPC. Jayanti succumbed to burn injuries while she was under treatment in the said hospital. Police investigated the case and on completion of the investigation submitted the charge sheet against both Pintu Bhowmik and the petitioner Swapna Saha under Section 306 read with Section 34 IPC. The learned Sub-Division Judicial Magistrate, Amarpur, South Tripura, after receipt of the charge-sheet took cognizance of the offence under Sections 306/34 IPC and committed the case to the Court of learned Sessions Judge, South Tripura, Udaipur for trial. The Sessions Judge transferred the said case to learned Assistant Session Judge, South Tripura, Udaipur, who framed charges under Sections 306/34 IPC against the petitioner and Pintu Bhowmik. Both the accused persons pleaded not guilty and claimed to be tried. The prosecution examined as many as 11 (eleven) witnesses, while the petitioner and the other accused adduced two defence witnesses in support of their case. The learned Trial Court also examined one Court witness.

(3.) THE petitioner and the co-accused were examined under Section 313 Crpc. They categorically denied the charges and stated that they are innocent and they have been falsely impleaded in the case. The learned Trial Court after hearing the arguments of the learned counsel for the parties convicted and sentenced them as stated earlier by judgment and order dated 04. 09. 2006 passed in Sessions Trial Case No. 85 (ST/a)/2005.