The central legal point established in the judgment is the requirement to prove cruelty on the demand of dowry and just immediate before the death for charges under Sections 498A and 304B IPC, and the principle that contradictory and unreliable evidence cannot be relied upon for convicting the accused.

U.B. SAHA, J.

1. In the instant appeal, challenge is to the judgment dated 30.09.2010 in ST 37(ST/U)/2009 passed by the learned Sessions Judge, South Tripura, Udaipur wherein the learned Sessions Judge acquitted the accused-respondents, Chandan Das and Nimai Das from the charges leveled against them under Sections 498(A)/304(B) and 302 IPC.

2. Heard Mr. S Kar Bhowmik, learned counsel for the appellant, father of the victim and Mr. Somik Deb, learned counsel for the accused-respondents. Also heard Mr. RC Debnath, learned Addl. PP for the State.

3. The prosecution story before the learned trial court was, inter alia, as follows:

Mr. Gouranga Debnath, PW 1, lodged a written complaint before the Officer-in-Charge of the Maharani Police Outpost stating inter alia, that his daughter, Pooja Debnath @ Mani (since deceased) was married to the accused Chandan Das, S/o Late Ananta Das of Vill-Maharani (Chaygharia) about 2-3 years back prior to her death, according to Hindu rites and customs and since her marriage the accused persons and their family members started inflicting torture upon his daughter both physically and mentally in order to take money amounting to Rs. 50,000/- from him. He had given Rs. 20,000/- to the husband of his daughter, accused Chandan Das in two installments but despite that, her husband and other in-laws were not satisfied with such amount and continued to torture upon her and ultimately, unable to bear such torture inflicted by them, she was compelled to leave her in-laws house and take shelter in her parental house. Thereafter, her husband and other in-laws threatened him, his wife and their daughter of dire consequences. Not only that, Chandan Das, Nandan Das, Tapan Das, Ratan Das and Nimai Das also threatened him saying that if they did not send their daughter with money then they would kill her. On 14.11.2006 (Tuesday) at about 5.30 p.m. while he and his wife were absent from their house, the accused persons along with others entered into his house and killed Pooja by throttling and when they were fleeing away, his wife PW 9, Smt. Namita Debnath could recognize two persons out of them. His wife suspected the remaining persons to be the other family inmates. Upon entering into the room, his wife could find this incident and on hearing her cries the neighboring people came there and removed Pooja to the hospital where the doctor on examination declared her dead.

4. Upon receipt of the aforesaid complaint of Sri Gouranga Debnath, a police case was registered being RK Pur P.S. Case No. 458/2006 under Sections 498A/304B IPC against the accused-respondents.

5. PW 13, Sri Dipak Kumar, SDPO, Udaipur took up the investigation of the case and in course of his investigation he visited the place of occurrence and prepared the hand sketch map of the P.O., examined the material witnesses and recorded their statement under Section 161 Cr.PC. Thereafter, the case was entrusted to PW 14, Sri Rati Ranjan Debnath, SDPO, Udaipur on 11.04.2007. On that day, he took up further investigation of the case and finally submitted charge sheet against the accused-respondents, Chandan and Nimai under Sections 498A and 304B IPC. Since the offences alleged to have been committed by the accused persons was exclusively triable by the Court of Sessions, learned Judicial Magistrate, 1st Class, Udaipur, South Tripura committed the case to the Court of Sessions. The learned Sessions Judge, after hearing the parties and on perusal of the record, framed charges under Sections 498A/304B IPC against the accused-respondents but after conclusion of the prosecution evidence the learned trial court added charges under Sections 302/34 IPC against the accused-respondents.

6. Prosecution examined as many as 14 witnesses including the official witnesses for proving its case and also exhibited some documents. The accused were examined under Section 313 of the Cr.P.C. The case of the defence before the trial court was of total denial and they did