DIPAK DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) There was an amorous affair before the marriage. It turned allegedly sore just after the marriage. Dipak Deb Barma, the accused-appellant and Chhaya Rani Das (Deceased) spent about 15 years conjugal life with one daughter, Miss Tinna, fondly called Rupa, who was reading in Class-III till the alleged incident took place in the evening of 22.01.2002. Chhaya Rani Das was found lying dead in the type-II govt. quarter situated at Kunjaban Township of the Capital Town Agartala on 23.01.2002. The first informant, Shri Sanjay Das, the brother-in-law of the deceased having been informed about the incident by the police over mobile phone, rushed to the place of occurrence. Her husband Dipak was not around. Sanjay lodged a written FIR on 23.01.2002 with the Officer-in-charge, East Agartala P.S. naming Dipak Debbarma as the perpetrator alleging that he left the quarter and fled away after killing his wife. In the FIR, it was further alleged that after the marriage, Dipak used to torture Chhaya physically every day on different pretext and often threatened to kill her, which was disclosed to the informant by Chhaya herself before her death and her daughter Rupa. Based on this FIR, a crime being East Agartala P.S. Case No. 14 of 2002 was registered under Section 302 IPC.

(2.) The prosecution tells its story as under:-

(3.) We have heard Mr. P.K. Biswas, learned counsel for the appellant and also heard Mr. A. Ghosh, learned Additional P.P. appearing on behalf of the State of Tripura.