PRWITISH DUTTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 14.3.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 39(4) of 2003 affirming the judgment and order dated 22.9.2003 passed by learned Asstt. Sessions Judge, West Tripura, Agartala in ST. 9 (W.T./A) of 2003 convicting the petitioners under Section 498(A) of IPC and thereby sentencing them to suffer R.I. for two years and to pay compensation of Rs. 50000/- to the informant-mother, who lost her daughter. All the accused petitioners were acquitted from the charge leveled against them under Section 304(B) IPC. Heard Mr. H. Debnath, learned counsel appearing for the accused petitioners. Also heard Mr. R.C. Debnath, learned Addl. P.P. appearing for the respondent-State.

(2.) The prosecution case, in short, is that the marriage of the deceased Shila Deb, daughter of the informant Madhabilata Deb (P.W. 1) was solemnized with the accused Biresh alias Tutan Datta, the petitioner No. 2 herein, on 3rd Sravana, 1405 B.S. and as per demand of the bride-groom party; various articles were given in the said marriage. But after two months, the accused petitioners created pressure upon the deceased for bringing one Television and Rs. 10,000/- from her mother. The deceased daughter of the informant informed the same to her and in response to the same, she gave one television set to the accused Biresh, her son-in-law and she expressed her inability to pay Rs. 10,000/-. So, the accused persons started torture upon the deceased both mentally and physically. The informant (P.W. 1) visited the house of the accused persons and requested the father-in-law and sister-in-law of the deceased that she is not in a position to pay Rs. 10,000/- as demanded by them and also requested not to commit torture upon her daughter, but the same continued unabated.

(3.) On 21st January, 1999, the P.W. 1 got information that her daughter has been hospitalized. She rushed to the hospital and came to learn that her daughter Shila died due to poisoning. She, thereafter, on 1.2.1999 lodged a written FIR with the Sidhai police station.