SMT.MADHUMITA DEBNATH Vs. THE STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) The unsuccessful victim woman has approached this Court with a petition under Sec. 482 of Cr.P.C., 1973 to set aside the order dtd. 29/3/2017 passed by the learned Judicial Magistrate, 1st class, Court No.1 (West Tripura, Agartala) in connection with West Agartala, Women's P.S. Case No. 2017 WAW008 dtd. 14/2/2017 under Sec. 482(A)/323/34 of IPC (re-registered as PRC(W.P) 149/17) whereby the learned Court below rejected the prayer of the investigating officer to add Sec. 307 of IPC. An additional prayer also has been made for re-investigation of the case.

(2.) Gravamen of the petitioner's case is that she lodged an FIR against her husband, father-in-law, mother-in-law, sister-in-law, husband of sister-in-law i.e., respondent No.2, 3, 4, 5 and 6 respectively. On the basis of her complaint, the police registered an FIR as aforestated and started investigation. The petitioner Smt. Madhumita Debnath is 30 years old and being married on 9/5/2014 she was blessed with a male baby. After 3/4 months of marriage, the husbands started to physically and mentally torture the petitioner for bringing cash from her parental house. She narrated many incidents of torture inflicted upon her by her husband and in-laws as stated above and once she was forced to withdraw Rs.2,00,000.00( Rupees two lakh only) from her GPF account and handed it over to her husband. On 13/2/2017 at about 22.00 hrs. her husband i.e., respondent No.2 being drunken asked the petitioner to bring cash of Rs.5,00,000.00(Rupees five lakh only) from her parental house, and when the petitioner refused, her husband attacked her firstly with slaps and then with fists and blows and subsequently gagged her throat to kill her and as the petitioner cried some of her neighbour came and rescued her. Being informed by someone, the police personnel came and rescued the petitioner from the clutches of her in laws. On 14/2/2017 the petitioner lodged a written ejahar to the officer-in-charge, West Agartala, women's police station against her husband and in-laws. The police registered a case under Sec. 498(A)/323/34 of IPC. In course of investigation, the investigating officer recorded the statement of the petitioner under Sec. 161 of Cr.P.C., 1973 as well as under Sec. 164 of Cr.P.C., 1973

(3.) On 29/3/2017 the investigating officer of the case made a prayer before the Court of learned Judicial Magistrate, 1st Class, Court No.1, West Tripura for adding Sec. 307 of IPC since he found necessary ingredients to constitute the offence under Sec. 307 of IPC as transpired from the statement recorded under Sec. 161 and 164 of Cr.P.C., 1973 of the petitioner-victim and other materials on record.