RATUSH NATH Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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Arindam Lodh,J. -
(1.) Heard Mr. S. B. Deb, learned counsel appearing for the convict-petitioner also heard Mr. S. Debnath, learned Addl. P.P. appearing for the State-respondent.
(2.) The present petition has been filed against the impugned judgment and order dated 05.12.2015 passed by the learned Sessions Judge, North Tripura, Dharmanagar in Criminal Appeal No. 15 of 2015 whereby and whereunder, the convict-petitioner has been sentenced to suffer RI for 3 (three) years with fine of Rs. 10,000 for committing offence under Section-498A of IPC and to suffer further RI for 7(seven) years along with fine of Rs. 20,000/- for committing offence under Section-307 of IPC with default stipulations.
(3.) The prosecution case as projected by the learned trial court is as under:
'4 The case of the prosecution, in brief, is that Smt. Minati Nath lodged a written complaint in the court of Ld. Sub- Divisional Judicial Magistrate at Dharmanagar on 16-03- 2013 alleging, inter alia, that her daughter Sharmila was married to the accused-appellant according to the shastric rites of Hindu marriage about 6 years back and after marriage she started living with her husband at his home. Few months after the marriage, her husband started coercing her for dowry and she was subjected to physical and mental torture by her husband for fulfillment of his demand. In the midst of such discord a son was born to them. Even after the birth of the son, the accused-appellant did not refrain from harassing his wife for dowry. Lastly, on 28-02-2013 during the night the accused-appellant along with his relatives brutally assaulted his wife Sharmila and set her ablaze by pouring kerosene oil over her body. Following her cry people from the neighbourhood appeared and extinguished her fire. But she received severe burn injury. The neighbouring people shifted her to hospital. Initially she was admitted in Jalebasa Primary Health Center from where she was taken to Dharmanagar hospital. From there she was referred to Kailashahar District Hospital and lastly she was taken to Agartala Govt. Medical College and Hospital at Agartala. While she was undergoing treatment at Agartala informant mother of the victim lodged this complaint in court. Ld. SDJM, Dharmanagar forwarded the complaint to the officer-in-charge of Panisagar police station for investigation.
5 The Officer-in-Charge of Panisagar police station received the complaint from the court and registered Panisagar PS case no. 17 of 2013 under section 498 A and 307 read with section 34 IPC against accused-appellant Ratush Nath @ Rakesh, his brother Ranu Nath and his wife Pinki Nath and entrusted its investigation to Sri Nanda Dulal Saha, SI of police. After investigation police submitted charge sheet against the appellant, his brother Ranu Nath and his wife Pinki Nath for committing offence punishable under sections 498 A and 307 read with section 34 IPC.
6 The Ld. Sub-Divisional Judicial Magistrate, Dharmanagar received the charge sheet and took cognizance of the offence punishable under sections 498 A and 307 read with section 34 IPC and the case being exclusively triable by the court of sessions committed the case to the court of sessions. The case was then transferred to the court of Ld. Assistant Sessions Judge, Dharmanagar from this court for trial according to law.
7 The Ld. Assistant Sessions Judge, Dharmanagar framed charges of offence punishable under sections 498 A and 307 read with section 34 IPC against the accused-appellant, his brother Ranu Nath and his wife Pinki Nath. All accused pleaded not guilty and desired to stand the trial.
8 During trial prosecution altogether examined 10 witnesses including the victim and her mother. At the conclusion of the prosecution evidence, the Ld. Trial court examined the accused persons under section 313, Cr.PC. All accused abjured their guilt and claimed that the charges were foisted on them. They declined to adduce any witness on their defence.
9 On culmination of trial, the Ld. Trial court announced judgment and order of conviction and sentence whereby the accused-appellant was sentenced to RI for 3 years with a fine of Rs.10,000/- in default to RI for 3 months for offence punishable under section 498 A IPC and he was sentenced to RI for 6 years with a fine of Rs. 20,000/- and in default to RI for 6 months for offence punishable under section 307 IPC and both the sentences were to run concurrently. The other 2 accused namely Ranu Nath and his wife Pinki Nath were found not guilty and they were acquitted of the charges. Aggrieved with the judgment and order of conviction and sentence, the convict-appellant has preferred this appeal.' ;
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