Decided on April 25,2019



S.TALAPATRA,J. - (1.)The appellant, namely Santanu Das @ Bhola was charged under Sec. 302 of the IPC for committing murder of his wife namely Nandita Das on 10/5/2008 at 08.00 hrs. at Lembucherra, Madhyapara under Lefunga Police Station and after the trial, he has been convicted under Sec. 302 of the IPC by the judgment dtd. 19/5/2011 delivered in Case No.S.T.16 of 2009 by the Sessions Judge, West Tripura, Agartala. Pursuant to the said judgment of conviction dtd. 19/5/2011, the appellant has been sentenced to suffer rigorous imprisonment for life and fine of Rs.2000.00 with default stipulation. This appeal under Sec. 374(2) of the Cr.P.C. questioned the said judgment of conviction and the consequent order of sentence.
(2.)The prosecution against the appellant was launched based on the complaint filed by one Rajesh Das [PW-1] where he revealed to the Officer-in-Charge of the Lefunga Police Station that his elder sister, Nandita Das was married to the appellant. Soon after marriage, his sister, Nandita was subjected to mental and physical torture on demand of dowry. It had been alleged that the appellant and other family members, particularly, the elder sister of the appellant namely, Rupa Das were involved in such atrocities. Rupa Das, according to PW-1, is a school teacher. One day the appellant left his residence leaving his sister and their daughter in a helpless condition. Finding no other alternative, his sister and their daughter was brought to her paternal house. Before a month from the date of filing the complaint i.e. 10/5/2008, the appellant suddenly appeared to their house and he took his sister and niece back. On 10/5/2008 when the complaint was lodged, the informant had received a phonecall to go to the matrimonial home of his sister. When he reached there, he found that his sister was lying dead on the bed. On the wall of the room, he found a writing which read as under :
"Nandita has given me pain and that is why I am burning within. I have killed Nandita."

PW-1 has strongly suspected the involvement of the appellant in killing his sister.

(3.)Based on the said complaint [Exbt.2], Lefunga P.S. Case No.14 of 2008 was registered under Sec. 498A/302 of the IPC and taken up for investigation. On completion of the investigation, the final police report under Sec. 173(2) was submitted in the jurisdictional court and thereafter, since, the offence punishable under Sec. 302 of the IPC is only triable by the court of Sessions, the police papers were committed to that court. The Sessions Judge framed the charge as above on 12/3/2009, to which the appellant pleaded not guilty and claimed for trial.

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