The intention or knowledge of commission of murder and the act towards it are the key ingredients of IPC 307, and the receipt of an injury is not a prerequisite for convicting an accused under this section.

The unsuccessful victim woman has approached this Court with a petition under Section 482 of Cr.P.C. to set aside the order dated 29.03.2017 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.2017WAW008 dated 14.02.2017 under Section 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 Section 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 9th May, 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/-(Rupees two lakh only) from her GPF account and handed it over to her husband. On 13.02.2017 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/-(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 14.02.2017 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 Section 498(A)/323/34 of IPC. In course of investigation, the investigating officer recorded the statement of the petitioner under Section 161 of Cr.P.C. as well as under Section 164 of Cr.P.C.

3. On 29.03.2017 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 Section 307 of IPC since he found necessary ingredients to constitute the offence under Section 307 of IPC as transpired from the statement recorded under Section 161 and 164 of Cr.P.C. of the petitioner-victim and other materials on record.

4. The main grievance of the petitioner is that the learned Judicial Magistrate vide its order dated 29.03.2017 rejected the prayer of the investigating officer inter alia on the ground that the injuries of the petitioner were simple in nature.

5. Heard Mr. S. Kar Bhowmik, learned counsel appearing for the petitioner as well as Mr. A. Roy Barman, learned Addl. P.P., representing the State of Tripura, Mr. P. Saha, learned counsel on behalf of respondent No.7. Mr. B. Deb, learned counsel together with Mr. S. Rahaman, learned counsel and Mr. R. Ali, learned counsel had entered appearance on behalf of the respondent Nos. 2, 3, 4, 5 and 6, but at the time of hearing none of the learned counsel on behalf of the respondent Nos.2, 3, 4, 5 and 6 are found on call. This Court vide its order dated 20.04.2018 had made an observation that on the returnable date there would be an initiative to hear the matter finally but due to impleadment of Sub-Inspector, Ms. Mamataj Hasina as respondent No.7, the matter could not be heard on the returnable date. On 20.08.2018 Mr. S. Rahaman, learned counsel appearing for the respondent No.2, 3, 4, 5 and 6 prayed for accommodation and on the basis of his prayer the matter was listed on 24.09.2018. But on call they were not available and in absence of any prayer