MOUSAMI DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is a petition filed under Section 482 of the Cr.P.C. for quashing the charge sheet No. 9 of 12 so far it relates to the petitioner namely, Smt. Mousami Das. The written ejahar was filed by one Subash Ch. Das alleging inter alia that his younger daughter Tithi Das was married to Rabindra Das per Hindu rites and customs. His son-in-law developed an illicit relation with the petitioner, who is the widow of his cousin brother residing adjacent to the house of his son-in-law. Since his daughter could not tolerate such relation she raised her voice and as consequence thereof she was subjected to physical torture by his son-in-law and his mother. Apart that the son-in-law demanded a hefty sum and a substantial part thereof was paid by the complainant. Since the amount so demanded was not fully satisfied/the son-in-law and his mother were relentless in torturing his daughter. Ultimately on 27.8.2011 she was informed that his daughter was ill but on arrival to the house of his son-in-law, he found his daughter Tithi killed and her body was kept inside the house.

(2.) Faced with the complaint, the officer-in-charge of Bodhjung Nagar Police Station registered the Bodhjung Nagar P.S. Case No. 38 of 2011 under Section 498A/302/304(B)/34 of IPC. On completion of the investigation, the Investigating Officer filed the charge sheet against the petitioner along with the said son-in-law namely, Rabindra Das and his mother namely, Gita Das under Section 498A/302/304(B)/34 of IPC. That charge sheet is under challenge in this petition. On 20.06.2012 this Court issued notice in this petition and had called for L.C. records. Along with the L.C. Records, the copy of the charge sheet as filed by the Investigating Officer is also found for examination.

(3.) Mr. A.K. Bhhowmik, learned senior counsel appearing for the petitioner contended that the petitioner has not committed any offence even if the entire allegation as made in the First Information Report or in the statements of the witnesses as recorded by the Investigating Officer are believed in their entirety. While referring to these statements, Mr. Bhowmik, learned senior counsel, further contended that the Investigating Officer on their basis stated that the petitioner had illicit relation with said Rabindra Das and on that issue the marital relation between Rabindra and the deceased got sour.. The complainant's wife namely, Dipti Das also made statement to the Investigating Officer in this regard. The statements are relevant for the allegation that the son-in-law of the informant had developed illicit relation with the petitioner and when her daughter tried to take him off from that relation, her son-in-law started torturing her daughter.