STATE OF TRIPURA Vs. PRAMIL DATTA

JUDGEMENT

(1.) THIS appeal with leave under Section 378 (3) of the Criminal Procedure Code (for short, hereinafter referred to as Crpc), 1973 is directed against the judgment and order dated 12. 2. 2002 passed by the learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial No. 24 (NT/k) of 1999 acquitting the accused Sri Pramil Datta from the offences charged under Sections 498 A and 306 of the Indian Penal Code (for short, hereinafter referred to as IPC ).

(2.) I have heard Sri A. Ghosh, learned Addl. PP for the appellant-State as well as Mr. P. R. Barman, learned counsel for the respondent-opposite party.

(3.) THE prosecution case, in brief, may be stated as follows :-Smt. Alo Rani Datta, daughter of the informant Smt. Ashalata Bhowmik was given in marriage to Sri Pramil Datta about 27 to 28 years ago. On 4. 9. 1998 at about 4. 30 pm, Alo Rani Datta took poison for which she was taken to the hospital wherein she breathed her last. Initially, on receipt of an information from the Medical Officer of the hospital Police registered a case under Section 174 Crpc being an un-natural death (suicide ). On 5. 9. 98 Smt. Ashalata Bhowmik mother of the deceased lodged an FIR with the Police alleging that the deceased's husband used to torture his wife demanding fortune and that on 4. 9. 98 at about 4. 30 pm she took poison. Accordingly, Police registered a case under Sections 306/498 A IPC and launched investigation into the case. During the course of investigation, Police examined as many as 17 witnesses, seized a 'tulsimala' and an empty bottle of dettol and collected the post mortem report of the deceased. At the close of the investigation, Police submitted chargesheet against the accused for the offences under Sections 498 A and 306 IPC.