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2015 Supreme(Tri) 742
IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Sri Dhaneswar Majumder – Appellant
Versus
The State of Tripura - Respondent
CRL. A (J)NO.35 OF 2013
Decided On : 16-12-2015
For the Appellant :Mr. Ratan Datta, Advocate, Ms. P. Ghatak, Advocate
For the Respondent: Mr. R.C. Debnath, Addl. P.P.
The main legal point established in the judgment is that the appellant's conduct, even without direct evidence, constituted instigation and abetment to suicide, as inferred from the circumstances and the absence of explanation, leading to the dismissal of the appeal.
Headnote:
IPC - Conviction under section 498A and 306 - [IPC 498A, IPC 306] - The court discussed the evidence presented by the prosecution, the testimonies of witnesses, and the forensic reports. The defense argued lack of corroboration and delay in recording statements. The court analyzed the evidence, including the presence of Endosulfan in the victim's body, and concluded that the appellant's conduct constituted instigation and abetment to suicide, leading to the dismissal of the appeal.
Fact of the Case:
The appellant was convicted under section 498A and 306 of the IPC for subjecting his wife to torture and instigating her suicide by pouring poison into her mouth. The prosecution presented evidence of assault, abuse, and the appellant's behavior on the night of the incident. The defense argued lack of corroboration and delay in recording statements.
Finding of the Court:
The court found that the evidence, including the presence of Endosulfan in the victim's body, supported the prosecution's case. The court concluded that the appellant's conduct constituted instigation and abetment to suicide, leading to the dismissal of the appeal.
Issues: The issues included the sufficiency of evidence, corroboration of testimonies, and the delay in recording statements.
Ratio Decidendi: The court applied the principle of res ipsa loquitur and analyzed the circumstantial evidence to establish the appellant's guilt of abetment to suicide. The court also considered the absence of explanation from the appellant as an additional link in the chain of circumstances.
Final Decision: The appeal was dismissed, affirming the appellant's conviction under section 498A and 306 of the IPC.
This is an appeal by the convict, hereinafter referred to as the appellant, against the judgment of conviction dated 11.08.2011, delivered in S.T. 15 (ST/B) of 2011 whereby the appellant has been convicted under section 498A and 306 of the IPC.
2. As consequence of that judgment of conviction, the appellant has been sentenced to suffer rigorous imprisonment for 7(seven) years with fine of Rs.3,000/- and in default of payment of fine, to suffer further rigorous imprisonment for 3(three) months. Even though, the appellant has been convicted under section 498A of the IPC but no sentence has been awarded. As according to the trial court the offence punishable under section 498 A and section 306 of the IPC are common, meaning overlapping to each other. By this appeal, the said judgment and order of conviction and sentence has been called in question.
3. Briefly stated, the prosecution case is that on 03.11.2009, one Uttam Das (PW-7) lodged a written ejahar (Exhibit-1) to the Officer-in-charge of Belonia Police Station disclosing that the marriage of her sister, Rita Das was solemnized with the appellant in the month of Falguna in the year 1993 as per Hindu rites and customs. It has been alleged by PW-7 that since adequate dowry could not be given at the time of marriage, his sister, Rita Das was told to bring Rs.50,000/- from her father’s house but when Rita expressed her inability to bring money, the accused persons namely Dhaneshwar Majumder, Yogendra Majumder, Nirmal Majumder, wife of Nirmal Majumder, Subhash Majumder, wife of Subhash Majumder, Shibu Majumder, wife of Shibu Majumder and Sajal Majumder started assaulting her. On 02.09.2009, the appellant and other family inmates poured poison inside the mouth of Rita. Somehow she managed to escape death. One Sajal Majumder, son of Subhash Majumder, one of the brother-in-laws of Rita used to assault her. On 01.11.2009 which was a Sunday as she was severely assaulted, she was made to death at 10.30 p.m. at night on intake of poison. Before that, she called PW-7 to tell that she would not live longer. Based on the said ejahar, Belonia police station case No. 183 of 2009 under Sections 498A /306 of the IPC was registered and taken up for investigation. On completion of the investigation, the final police report charge sheeting only the appellant was filed. Since the charge sheet was filed under Sections 498A/306/302 IPC, the police papers were committed to the court of the Additional Sessions Judge, South Tripura, Belonia. The Additional Sessions Judge, South Tripura, Belonia, hereinafter referred to as the trial court framed the charge against the appellant under Sections 498-A and 302 of the IPC . Alternative charge was also framed under section 306 of the IPC. The appellant pleaded innocence and claimed to face the trial.
4. In order to substantiate the charge, the prosecution adduced as many as 12 witnesses (PW 1 to 12) including the informant (PW-7) and the investigating officer (PW-12). From the prosecution 11 documentary evidence including the report of the Forensic Science Laboratory (Exhibit-3), the post mortem examination report Exhibit-2) were introduced. After recording the prosecution’s evidence, the appellant was examined under Section 313 of the Cr.P.C. when the appellant reiterated his plea of innocence on denying the incriminating materials.
5. Mr. R. Dutta, learned counsel appearing for the petitioner has at the outset pointed out that the prosecution case hinges on PWs 1,2,7,8,9 and 10. According to Mr. Dutta, learned counsel PW-1, Sri Rakhal Majumder has stated that Sri Dhaneswar Majumder used to assault and abuses his wife consuming alcohol. Such torture started on the victim about an year after the marriage. In the cross-examination however he has stated he did not communicate about the torture to anybody. PW-1 is a witness from the neighborhood. PW-2 Sri Bhabatosh Das, another witness from the neighborhood, has stated in his examination in chief that on t
