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2014 Supreme(SC) 973
SUPREME COURT OF INDIA
Sudhansu Jyoti Mukhopadhaya and N.V. Ramana, JJ.
Prahallad Biswas and others - Appellants
Versus
State of Tripura - Respondent
Criminal Appeal No. 791 of 2012.
Decided on : 11.12.2014.
For the Appellant :Mr. Bijan Kumar Ghosh, Advocate.
For the Respondent:Mr. Gopal Singh and Mr. Rituraj Biswas, Advocates.
Headnote:
Indian Penal Code, 1860 - Sections 498A and 306r/w 34 – Criminal Produce Code,1973 - Section 313 – Criminal Trial – Offence of Abetment of Suicide - Demand of bride – Appeal against conviction - Prosecution is that on 19th August, 2004 at 1215 hours, a written complaint (PW-1) was received at Women Police Station alleged that "deceased", sister-in-law of informant was married to Prahallad Biswas of South Chandrapur during end of month of Shraban, 1410 B.S - According to Hindu Rites and Customs- During marriage, as per demand of bridegroom party, cash gold ornaments and other articles were given- Due to financial constraints, T.V. and gold chain for bridegroom could not be given- For this, few days after marriage accused No. 1 alongwith his two sisters and accused Nos. 2 and 3 started torturing her physically and mentally- This compelled deceased) to come her paternal house - Held, Court find that accused was married with deceased on 2nd August, 2003 and she committed suicide on 19th August, 2004 i.e. within one year 17 days - Prosecution has established that deceased, a married woman committed suicide within a period of 7 years from date of her marriage- Prosecution also successfully establish husband of deceased and two relatives i.e. sister-in-laws subjected her to cruelty, as defined in Section 498A of IPC - Thus, we find that prosecution has successfully proved that accused abetted deceased to commit suicide - Uphold conviction and sentence passed by Sessions judge as uphold by High Court - Appeal is dismissed.
ORDER
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 "IPC" for short).
2. 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.
3. Pursuant to the complaint P.S. Case No. 45 of 2004 was registered and after investigation a prima facie case under Section 498A IPC, 304B IPC read with Section 34 IPC 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 IPC read with Section 34 IPC.
4. During the trial on behalf of prosecution altogether 17 witnesses were examined apart from 8 exhibits and two M.Os. Series.
5. On behalf of the defence two witnesses, namely, Raju Miah and Dilip Paul were examined as D.W.1 and D.W.2.
6. Originally the stand taken by the defence was denial of allegation. However, under Section 313 Cr.P.C. and the defence evidence adduced, apart from the denial of allegation defence case is that of false prosecution and that the deceased died of food poisoning following consumption of Mansa Puja Prasad in the house of Sikha Chakraborty and Kalachand Paul.
7. Sessions Court on appreciation of evidence held all the three accused - appellants herein guilty for the offence under Section 498A IPC to suffer RI for 3 years and to pay a fine of Rs. 1000/- each in default to suffer RI for one month each for commission of offence and under Section 306 read with 34 IPC, the accused were sentenced to suffer RI for 7 years and to pay a fine of Rs. 2,000/- each in default thereof to suffer RI for two months each. On challenge, the aforesaid judgment and order dated 19th April, 2010 passed by the Additional Sessions Judge, West Tripura Agartala was upheld by the High Court.
8. Learned counsel appearing for the appellants submitted that the accused has been convicted on the basis of the evidence of PW-1 (Smt. Mira Karmakar - complainant) and PW-6 (Smt. Sailabala Karmakar) sister-in-law and mother of the deceased. Both the witnesses being interested witnesses and in absence of any independent witnesses corroborating their statements, the appellants cannot be held guilty.
9. Learned counsel appearing for the respondent - prosecution supported the judgment referring to the evidence of PW-2 (Shri Kalachand Paul), PW-5 (Shri Sushil Sarkar) and PW-9 (Smt. Sikha Chakraborty) who were independent witnesses.
10. We have
