Decided on May 13,2019



S.TALAPATRA,J. - (1.)This is an appeal by the convict, hereinafter referred to as the appellant, from the judgment dated 06.05.2017 delivered in ST(T-1) 187 of 2013 by the Addl. Sessions Judge, No.5, West Tripura, Agartala. By the said judgment, the appellant has been convicted under Sections 304B and 498-A of the IPC. Pursuant to the said conviction, the appellant has been sentenced to suffer rigorous imprisonment for 3three. years and a fine of Rs.5,000/- with default stipulation, for commission of offence punishable under Section 498A of the IPC. Further, the appellant has been sentenced to suffer 8eight. years rigorous imprisonment for commission of offence punishable under Section 304B of the IPC.
(2.)The prosecution against the appellant was initiated by the written ejahar, filed by one Jagati Sarkar PW-3., whereby it was disclosed that her daughter, namely Babita Sarkar Mandal. was married to the appellant. In the marriage, as per the demand of the appellant, cash of Rs.50,000/-, one motorbike of the specific brand, the furnitures and gold ornaments were given by PW-3. After 6six. months from the marriage, the appellant asked her daughter to bring money from her parents' house. Once Rs.5,000/- was given. Being annoyed, there were several meetings for conciliation. On 28.09.2012, her daughter returned to the matrimonial home and on 01.10.2012 the accused persons had allegedly killed her daughter by setting her body on fire at the matrimonial home. PW-3 went to the GBP hospital at Agartala and found the dead body of her daughter. It has been asserted that the appellant had an illicit relation with the wife of his elder brother.
(3.)Based on the said written ejahar filed by PW-3, Sidhai P.S. case No.77/2012 was registered under Sections 498A/304B of the IPC and taken up for investigation. On completion of the investigation, the final police report and the police papers were committed to the court of Sessions Judge who transferred the case later on to the Addl. Sessions Judge, No.5, West Tripura, Agartala. As the cognizance was taken, the Addl. Sessions Judge framed the charge under Sections 498A/304B of the IPC against the appellant and 4 other accused persons. It is to be noted that the other accused persons have been acquitted from the charge on benefit of doubt. Therefore, no further reference would be made unless it is essentially required to the other accused persons. The appellant denied the charge by pleading not guilty and intended to face the trial.

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