PRABIR SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal is so preferred by the accused/appellants named above under Section 374(2) of the Cr.P.C. against the judgment and order of conviction so passed by the learned Addl. Sessions Judge, South Tripura Udaipur dated 28.6.96 in sessions Trial No. 59(S.T/U)/93 convicting the accused/appellants under Section 304(B) of the I.P.C. and sentencing each of them to undergo R.I. for life.

(2.) The prosecution case put in narrow compass is that on 14.2.89 an information rwas so communicated to the Officer-In- Charge Radha Kishorepur Police Station from Pitra Out Post on wireless, relating to an unnatural death occurring as reported from South Brajendranagar under Killa Police Station which was so communicated to Killa Police Station at 08-15 hours and accordingly a G.D. entry No. 267 was entered on 14.2.89. The U.D. entry and G.D. entry were so made relating to the unnatural death of Helon Rani Sarkar and law was set in motion when the police reached to the place of occurrence in Pitra village to the house of Sri Sudhangshu Sarkar one of the accused/appellants the deceased being his daughter-in-law. It is after that when report was so lodged by Sri Nripen Ch. Bhowmick of Kishoreganj at Udaipur P.S. (P.W.-1) who happens to be the father of the deceased Helon Rani Sarkar and the same has been marked as Exhibit P(i) series. It is on the basis of the ejahar police registered Killa P.S. Case No. 2(2)/89 under Sections 498 A/ 304(B) of the I.P.C. As per the first informant as detailed in the F.I.R. so given by P.W.-l the father of the deceased his daughter at her in-law's place was done to death in most suspicious and abnormal circumstances within 7 years of her marriage and prior to her death she was even subjected to harassment by her husband and relatives of her husband in connection with the demand of dowry so made. This will not be out of place to mention that the accused/appellants facing trial are no one else but the husband, husband's parents and husband's elder brother of the deceased. The informant has given the details with regard to the date of marriage of Helon Rani Sarkar with Prabir Sarkar on of the sons of Sudhangshu Sarkar in the month of Agrahayana 1394 B.S. though marriage was initially settled with Manik Sarkar, the elder son of Sri Sudhangshu Sarkar, details are also given with regard to subsequent dowry demand so made, Helon Rani Sarkar fell sick being not attended at her in-law's place and when on the alleged date of occurrence Helon Rani Sarkar was taken back at her in-law's place by the father-informant accompanied with one of his nephews, in his presence Helon Rani Sarkar was so put to harassment which was so much embarrassing when once again on that fateful night of 13.2.89 in her presence such dowry demand was so made and when the informant was having meal with accused/appellant Manik Sarkar at about 22 hours on the same night Helon Rani Sarkar's dead body was so found in the back side of the hut of Sudhangshu Sarkar, the father-in-law of the deceased in a most suspicious circumstances having injuries blood coming out from mouth and mostral and even gamaxxin powder found nearby. After completion of the investigation it further transpires that the charge-sheet was so submitted on 11.12.90 against the accused/appellants on the basis of which cognizance of offence was so taken in G.R. Case No. 35/189. The charge was so framed against the accused/appellants under Section 304(B) of the I.P.C. and they were committed to the court of sessions as to face the trial. In the course of trial it further transpires that as many as 22 witnesses were so examined, on behalf of the prosecution and two witnesses on behalf of the defence. Taking into consideration the claim and counter claim so put by the prosecution and the defence side, also after evaluating the evidence so available on record oral and documentary, the learned Addl. Sessions Judge came to the conclusion with regard to the prosecution establishing the guilt of the accused/appellants of their committing offence coming under the purview of Section 304(B) of the IPC and thus by the impugned judgment under challenge convicted all the above named 4 accused/appellants under Section 304{B) of the IPC and sentenced them to under go R.I. for life. Hence this criminal appeal.

(3.) Heard Mr A.K. Bhowmick, learned Sr. Counsel appearing for the appellants.