RABIUL HOSSAIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. P. Saha, learned counsel appearing for the appellants as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the state.

(2.) THE convicts, by way of filing this appeal have questioned the legality of the judgment and order dated 17.03.2011 delivered in Sessions Trial No.76/2010 by the Addl. Sessions Judge, West Tripura, Agartala, Court No.3. By the said judgment, the appellants have been convicted under Section 498A of the IPC and sentenced to suffer Simple Imprisonment for one year with a fine of Rs.5,000/ -, in default to suffer further Simple Imprisonment for three months.

(3.) INITIALLY , a proceeding under Section 174 of the Cr. P.C. was drawn up for making the investigation into the unnatural death of Rabia, being Bishalgarh P.S. U/D Case No.31/2008. In connection with that case, the inquest procedure was followed. From the inquest report, it appears that on the person of the deceased there was no mark of injury or violence. The deceased had been buried following the Muslim religious rites. Thereafter, PW.1 had lodged the ejahar, written by one Rabindra Bhowmik (PW.6) in the Bishalgarh Police Station, disclosing that the appellants along -with the wife of the appellant No.2 used to torture the deceased for realising a sum of Rs.30,000/ -, colour T.V., furniture etc. Since Rabia could not fetch those materials and cash, she had been subjected to physical torture and, finally when her daughter had consumed poison, her inmates did not take the deceased to the hospital.