- (1.)This appeal has been preferred by Appellants against judgment and order dated 24th February, 2012 passed by the Gauhati High Court, Agartala Bench in Criminal Appeal No. 49 of 2010. By the impugned judgment and order, the High Court dismissed the appeal and upheld the judgment and order dated 19th April, 2010 passed by Additional Sessions Judge, Court No. 3, West Tripura, Agartala in Sessions Trial No. 05 (WT/A) of 2006 convicting the Appellants Under Sections 498A and 306 read with Section 34 of the Indian Penal Code (hereinafter referred to as "Indian Penal Code" for short). The case of the prosecution is that on 19th August, 2004 at 1215 hours, a written complaint of Smt. Mira Karmakar(PW-1) was received at the Women Police Station, Agartala. Therein it was alleged that Swapna Karmakar (hereinafter referred to as "deceased"), sister-in-law of the informant was married to Prahallad Biswas of South Chandrapur during the end of the month of Shraban, 1410 B.S. according to Hindu Rites and Customs. During the marriage, as per the demand of the bridegroom party, cash gold ornaments and other articles were given. Due to financial constraints, T.V. and gold chain for the bridegroom could not be given. For this, few days after the marriage Prahallad Biswas (accused No. 1) alongwith his two sisters Manasi Biswas and Saraswati Biswas (Sarkar)(accused Nos. 2 and 3) started torturing her physically and mentally. This compelled Swapna (deceased) to come her paternal house. Following conciliation involving the village elders, Swapna went back to her husband's house. On 19th August, 2004, in the early morning, they got information that Swapana (deceased) was hospitalized at the G.B.P. Hospital, Agartala being fallen ill. Reaching the hospital, they learnt that Swapna had died.
(2.)Pursuant to the complaint P.S. Case No. 45 of 2004 was registered and after investigation a prima facie case Under Section 498A Indian Penal Code, 304B Indian Penal Code read with Section 34 Indian Penal Code being made out against the accused persons, they were prosecuted. However, at the stage of framing of charges they were charged Under Sections 498A and 306 Indian Penal Code read with Section 34 Indian Penal Code.
(3.)During the trial on behalf of prosecution altogether 17 witnesses were examined apart from 8 exhibits and two M. Os. Series.