ASHOK BANDHU BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE accused/ appellant herein, Sri Ashok bandhu Bhowmik is the husband of the deceased , Laxmi Rani Das. The accused/ appellant along with parents and brother was tried for inflicting Laxmi Rani Das both physical and mental torture and subsequently for murdering her. The parents and brother of the accused/ appellant have been acquitted from the aforesaid charges. However, the accused /appellant i. e husband has been convicted under Sections 498a and 302 of the Indian Penal Code ('ipc in short) vide judgment dated 26. 04. 2005 passed by the learned Additional District and Sessions Judge, west Tripura, Agartala in Sessions Trial Case no. 140 (WT/a) of 2003. By the said judgment the learned Additional Sessions Judge has sentenced the accused/appellant to undergo r. I. for 2 years for the offence punishable under Section 498a IPC and Imprisonment for life and to pay a fine of Rs. Rs. 1000/-, in default to undergo R. I. for 6 months for the offence punishable under Section 302 IPC. Being aggrieved with the conviction and sentences, the accused / appellant has preferred this appeal.

(2.) WE have heard Mr. H. Debnath, learned counsel appearing for the accused/ appellant and Mr. R. C. Debnath, learned Special Public prosecutor, Tripura. We have also gone through the impugned judgment and conviction proffered by the prosecution as well as the evidence of the accused/appellant.

(3.) THE prosecution story in brief is that the accused/appellant had married the deceased after maintaining love affairs. However, the marriage was not accepted by the parents and family members of the accused/appellant. Hence the deceased started living with her parents. The accused/appellant also stayed in his in-law's house for a short period. Subsequently, being frustrated with the situation the accused/appellant absconded from the village nearly for and about one and half years. After returning home the accused/appellant brought his wife to his parents house and stayed together for about 2 months. Thereafter on 11. 12. 2002 an incident took place in the kitchen, wherein the deceased caught fire and sustained extensive burn injuries and within hours she was taken to G. B. Hospital, Agartala wherein she succumbed injuries.