- (1.) BY this criminal appeal, presented under Section 374 of Cr.P.C., the appellants, named above, impugned the judgment and order of conviction and sentence dated 12.04.2006, passed by learned Sessions Judge, West Tripura, Agartala, in case No. ST 102 (WT/A) of 2003 whereby the learned Sessions Judge found the accused appellants guilty of committing offence punishable under Section 498A of IPC, and also found the accused appellant Pranab Hrishi Das guilty of committing offence punishable under Section 306 of IPC and sentenced them to suffer R.I. for 2 years and to pay a fine of Rs.500/ -, in default of payment of fine to suffer further R.I. for 3 months under Section 498A of IPC and sentenced the convict appellant Pranab Hrishi Das to suffer R.I. for 7(seven) years and to pay a fine of Rs.5000/ - in default of payment to suffer further R.I. for 1(one) year under Section 306 of IPC. Having aggrieved with the judgment and order of conviction and sentence, the appellants preferred the present appeal.
(2.) HEARD learned counsel, Mr. H. Debnath for the appellants and learned Additional P.P., Mr. R. C. Debnath for the State respondent.
(3.) THIS is another case of shocking death of a young bride because of the alleged cruelty exercised on her by her husband, mother -in -law, brother -in -law and sister -in -law. The fact of the case, in short, is that the houses of accused Pranab Hrishi Das and his deceased wife, Bichitra Hrishi Das situated side by side intervened by a village road, at village Bhati Abhoynagar Hrishi Colony. At a very young age, they fell in love. They eloped and subsequently parents of Bichitra arranged their marriage socially as per Hindu rites. After marriage, Bichitra shifted her to her husband's house just other side of her parents house and was living there with her husband, mother -in -law, Smt.Niyati Hrishi Das, brother -in -law, Sri Pradip Hrishi Das and sister -in -law, Smt.Soma Hrishi Das. It is the case of the prosecution that at the time of marriage, parents of Bichitra gifted ornaments and other articles to the best of their ability. It is alleged that soon after marriage, the accused persons started torture on Bichitra demanding money and other articles as dowry. She was subjected to physical and mental torture since the demand could not be fulfilled by her parents. It is alleged that parents of Bichitra often paid cash money and a bundle of galvanized sheets for constructing the husband's house of Bichitra. Thereafter also Bichitra was subjected to torture. On the day of Biswakarma Puja, Bichitra came to her parents' house and started living there. Bichitra reported her parents, sister -in -law and her brothers that she was subjected to torture in her husband's house. On 25.09.2002 husband of Bichitra also came to the parents' house of Bichitra i.e. the house of P.W.3 and stayed there. He took his dinner and parents of Bichitra arranged their bed in a separate room. It is alleged that at night Bichitra and Pranab picked up quarrel to which father of Bichitra(P.W.3) pacified them and requested them not to quarrel at night. In the early morning on 27.09.2002 Bichitra was tortured by her husband as to why she was staying in her parents' house and why she was not able to take money from her father. In course of quarrel, the accused Pranab instigated Bichitra to commit suicide and thereafter Bichitra brought out kerosene can and poured kerosene on her body and asked her husband to give her match box to which Pranab handed over a match box and thereby Bichitra set herself to fire. While she was on flame, she came out of the room and raised cry. Her parents and others rushed there and took her to the hospital. When she was in flame accused Pranab fled away from the spot. Bichitra was taken to G.B. Hospital where she died on 09.10.2002 because of the burn injury. 4.1 Father of Bichitra (P.W.3) lodged an FIR on 27.09.2002 itself, alleging the torture on his daughter by the accused persons on demand of dowry etc. On receipt of that FIR, West Agartala P.S. Case No. 198/2002 under Sections 498A and 326 of IPC was registered and investigation was taken up. In course of investigation, police officer examined the material witnesses, recorded their statements under Section 161, Cr.P.C and seized the burnt wearing apparels of the deceased and container of the kerosene from which Bichitra poured kerosene on herself. In course of investigation, P.W.11 on 08.10.2002 recorded the statement of deceased Bichitra under Section 161, Cr.P.C. in presence of P.W.7 Dipti Rani Dey, a staff nurse of the hospital. Inquest was done over the dead body of the deceased and thereafter postmortem was also done on the dead body by P.W.8, Dr. Mridul Das. On completion of investigation, I.O. submitted charge -sheet against the accused appellants for commission of offence punishable under Section 498A and Section 306 read with Section 34 of IPC. 4.2 Cognizance was taken on the basis of police report and on commitment of the case to the court of Sessions, Learned Sessions Judge on 17.11.2003 framed charges against the accused persons for commission of offence punishable under Section 498A read with Section 34 of IPC and again under Section 306 read with Section 34 of IPC to which the accused persons pleaded not guilty and claimed to be tried.;