The main legal point established in the judgment is the requirement for legal evidence and the admissibility of statements under Section 32 of the Evidence Act in cases related to the demand of dowry and cruelty under Section 498A of the IPC.

U.B. Saha, J.

This revision petition is directed against the judgment and order dated 14.3.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 39(4) of 2003 affirming the judgment and order dated 22.9.2003 passed by learned Asstt. Sessions Judge, West Tripura, Agartala in ST. 9 (W.T./A) of 2003 convicting the petitioners under Section 498(A) of IPC and thereby sentencing them to suffer R.I. for two years and to pay compensation of Rs. 50000/- to the informant-mother, who lost her daughter. All the accused petitioners were acquitted from the charge leveled against them under Section 304(B) IPC. Heard Mr. H. Debnath, learned counsel appearing for the accused petitioners. Also heard Mr. R.C. Debnath, learned Addl. P.P. appearing for the respondent-State.

2. The prosecution case, in short, is that the marriage of the deceased Shila Deb, daughter of the informant Madhabilata Deb (P.W. 1) was solemnized with the accused Biresh alias Tutan Datta, the petitioner No. 2 herein, on 3rd Sravana, 1405 B.S. and as per demand of the bride-groom party; various articles were given in the said marriage. But after two months, the accused petitioners created pressure upon the deceased for bringing one Television and Rs. 10,000/- from her mother. The deceased daughter of the informant informed the same to her and in response to the same, she gave one television set to the accused Biresh, her son-in-law and she expressed her inability to pay Rs. 10,000/-. So, the accused persons started torture upon the deceased both mentally and physically. The informant (P.W. 1) visited the house of the accused persons and requested the father-in-law and sister-in-law of the deceased that she is not in a position to pay Rs. 10,000/- as demanded by them and also requested not to commit torture upon her daughter, but the same continued unabated.

3. On 21st January, 1999, the P.W. 1 got information that her daughter has been hospitalized. She rushed to the hospital and came to learn that her daughter Shila died due to poisoning. She, thereafter, on 1.2.1999 lodged a written FIR with the Sidhai police station.

4. On the basis of the aforesaid FIR, Police registered a police case being Sidhai P.S. case No. 09 of 1999 under Sections 498A. and 304-B of IPC and consequent thereto, started investigation. On completion of the investigation, police submitted the charge sheet under Sections 498A and 304B IPC against the accused petitioner.

5. As the case was exclusively triable by the Court of Sessions, the case was committed to the Court of learned Sessions Judge, Wet Tripura, Agartala, who after receipt of the case on commitment transferred the same to the court of the Assistant Sessions Judge, West Tripura, Agartala.

6. Upon receipt of the case record, the learned Assistant Sessions Judge after hearing the parties framed the charge which is as under:

That all of you on the capacity of husband, father-in-law, brother-in-law and sister-in-law respectively habitually put Smt. Shila Datta W/o. Sri Tutan Datta (Accused) under cruelty, harassment and torture physically and mentally for the failure to meet unlawful demand for money from her parents since her marriage and lastly on 21.1.1999 at Bhogjor, Bamutia under Sidhai Police Station, consequence of which she died on 21.1.1999 at G.B. Hospital by taking poison and thereby committed an offence punishable under Section 498A of the Indian Penal Code and within my cognizance.

Secondly, that all of you being the husband, father-in-law, brother-in-law and sister-in-law of Shila Datta (Deb) W/o. Tutan Datta (accused) on 21.1.1999 at Bhogjor, Bamutia under Sidhai Police Station, caused the death of said Shila Datta (Deb) within seven years of her marriage by taking poison and succumbed at G.B. Hospital, Agartala on 21.1.99 by subjecting her. cruelty in connection with your demand of dowry and you are thereby committed an offence punishable under Section 304-B of the Indian Penal Code and within m