STATE OF TRIPURA Vs. PRADIP DEBNATH

JUDGEMENT

(1.) Dowry is a heinous social evil. An offence of dowry death is a most hated crime. The Legislature has made stringent laws to deal with the devilish acts of dowry by enacting the Dowry Prohibition Act, 1961 and incorporating in the Penal Code too, Section 498A and Section 304B as well as Sections 113A and 113B in the Evidence Act. The menace of dowry still survives. It has become a burning problem of the country. It is not unknown that the greed for dowry, and indeed the dowry system as an institution, is at the root of the offence contemplated in Section 498A and Section 304B of IPC. In the cases of offence relating to woman the role of the Courts assumes significant importance.

(2.) Here is a case of a young married woman Shibani Debnath aged about 26 years, wife of accused-respondent Pradip Debnath, died an unnatural death on receipt of 100 percent burn injuries in the matrimonial home on 26.08.2006 at Poultry Road, Udaipur under R.K. Pur P.S. and respondent Pradip Debnath who is the husband of deceased Shibani and five others were tried for commission of offence punishable under Section 498A and 304B of IPC by the learned Sessions Judge, South Tripura, Udaipur in case No.ST18(ST/U)2008 and by impugned judgment dated 26.11.2008 the learned Sessions Judge acquitted accused-respondent Pradip Debnath from both the charges and hence this appeal is filed under Section 378 of CrPC challenging the judgment of acquittal.

(3.) We have heard learned counsel, Ms. P. Dhar for the State appellant and learned counsel, Mr. D. Bhattacharjee for accused-respondent Pradip Debnath.