Conviction requires proof beyond reasonable doubt; contradictory witness statements and a clear dying declaration of self-harm undermine the prosecution's case.

ORDER

T. Amarnath Goud, J. - This instant criminal appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 12.03.2021 & 15.03.2021 passed by the learned Addl. Sessions Judge, Court No.5, West Tripura, Agartala, in case No. S.T.(T-1)33 of 2016, convicting the appellant under Section 498-A of the INDIAN PENAL CODE and sentencing him to suffer rigorous imprisonment for 3(three) years and also to pay a fine of Rs.5,000/-with default stipulation. Further convicted him under Section 306 of the INDIAN PENAL CODE and sentenced him to suffer Rigorous Imprisonment for 10 years and also to pay a fine of Rs.25,000/- with default stipulation. Further convicted him under Section 304A of the INDIAN PENAL CODE and sentenced him to suffer Rigorous Imprisonment for 10(ten) years with a direction that -lithe sentences shall run concurrently.

2. The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that one Sri Sunil Biswas lodged a written complaint against his son-in-law and in-laws of her daughter, Smt. Supriya Biswas alleging inter alia that his daughter was married to Sri Ratan Das, the convict-appellant herein in the year 2013 and was residing in the matrimonial home situated at Badharghat, Matripalli. The appellant herein namely, Ratan Das demanded a fridge (refrigerator) and steel almirah but it could not be fulfilled by the complainant. On 11.06.2015, it was alleged that Supriya Biswas (now deceased) was severely beaten up and on 12.06.2015, in the morning at about 5.00 a.m., the appellant and others set her on fire.

3. Based on the aforesaid complaint, an FIR was registered before the O/C East Agartala Women P.S., as FIR No. 2015/WAW/031 dated 12/06/2015 under sections 498A/307/326/34 of IPC against the convict appellant herein and 3 ors.

4. On the basis of that FIR police took up investigation and on completion of the investigation filed a charge sheet against the appellant for offence punishable under Sections 498A/304B/34 of the IPC. As the case was exclusively triable by the Court of Sessions Judge, the same was committed to the Court of learned Sessions Judge. Subsequently, the case was transferred to the Court of learned Addl. Sessions Judge, Court No.5, West Tripura, Agartala. After hearing the prosecution as well as the defence and on the perusal of the papers submitted by the police, the learned Trial Court framed charges against the accused persons for the offence punishable under Section 498A/304B/34 of IPC and alternatively under Section 306 of IPC, to which the accused persons pleaded not guilty and claimed to be tried.

5. To prove the charges, the prosecution examined as many as 13 witnesses including the complainant and the investigating officer and they were also cross-examined. Thereafter, after the closure of the evidence, the accused persons were examined under Section 313 of Cr.P.C. After hearing the arguments of both sides, the learned Addl. Sessions Judge, Court No.5, West Tripura, Agartala by his judgment dated 12.03.2021 convicted the appellant as stated above.

6. Being aggrieved and dissatisfied with the conviction and sentence passed by the learned Addl. Sessions Judge, Court No.5, West Tripura, Agartala by his Judgment dated 12.03.2021, the appellant herein filed this instant appeal and prayed for the following reliefs:-

'i. Admit the appeal;

ii. Call for the records of Case No.S.T.(T-1 )33 of 2016 from the Court of learned Addl. Sessions Judge, Court No.5 West Tripura, Agartala;

iii. Issue notice upon the respondent;

AND

iv. Suspend the order of convict