Decided on April 25,2019

Khokan Sarkar Appellant


ARINDAM LODH,J. - (1.)This appeal is directed against the judgment and order of conviction and sentence dated 08.09.2015 passed by the Sessions Judge, West Tripura, Agartala in connection with case No. ST 60/2012 convicting the appellant and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- with default stipulation, for committing offence punishable under Section 302 of IPC.
(2.)Briefly stated, the prosecution case is that, based on a complaint lodged by one Mantu Karmakar on 03.03.2011, the Officer-in-charge, Lefunga P.S. had registered FIR No. 18/2011 under Sections 498A/302/304B of the IPC. In the complaint, it was alleged that his daughter, Namita Karmakar was married to Khokan Sarkar, but, a few days after the marriage, her husband, father-in-law and mother-in-law started torturing her demanding a motor bike and cash money. Considering the welfare of his daughter he arranged purchase of a motor bike spending Rs.40,000/-. However, it could not bring peace to the family. One day, after being severely assaulted, his daughter was driven out and she started living with her husband in the rented house of one Pradib Deb at Bhati Fatikcherra and that period was peaceful. Thereafter, one day her father-in-law, Ratan Sarkar arrived at the rented house and ill-advised his son following which altercation and dispute was picked up. In that meanwhile, a daughter was also born to them.
(3.)After 21 days of the birth of the daughter, on 01.02.2011, at about 7 p.m. Khokan Sarkar, i.e. the convict- appellant assaulted his wife and broke down her conch shell bangles. On the following night, at about 9.30 p.m. at the wake of stepping up of altercation, Khokan Sarkar poured kerosene on Namita and set her on fire. Hearing cries of Namita nearby people arrived and Namita was shifted to the GB Hospital in a serious condition.

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