HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

Crl. A(J) No.43 of 2024

1. Ripan Kumar Shil, son of late Mihir Lal Shil, resident of Basanta Nagar, P.O. &

P.S. Kakraban, District: Gomati Tripura.

…..Appellant _V_E_R_S_U_S_

1. The State of Tripura.

…..Respondent For Appellant(s) : Mr. Ratan Datta, Advocate.

Mr. A. Baidya, Advocate.

For Respondent(s) : Mr. R. Datta, P.P.

Date of hearing and delivery of judgment and order : 18.02.2026 Whether fit for reporting : YES HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA _F_I_N_A_L_ O_R_ D_ E_ R_

Heard Mr. Ratan Datta, learned counsel appearing for the appellant also heard Mr. R. Datta, learned P.P. appearing for the respondent-State.

[2] This is an appeal filed under Section-374(2) of Cr. P.C. against the impugned judgment and order of conviction and sentence dated 31.05.2024 passed by the learned Sessions Judge, Gomati Tripura, Udaipur in case No.ST 49 of 2021, whereby and whreunder, the appellant has been convicted under Section-4 of Dowry Prohibition Act and thereby sentenced him to suffer SI for six months and to pay a fine of Rs.1,000/- and in default, to suffer further SI for 30 days and further the said convict has been sentenced to suffer SI for one year with fine of Rs.2,000/- only under Section-498A of IPC, in default to suffer SI for further two months and further convicted under Section-304B of IPC and sentenced him to suffer rigorous imprisonment of 10 years and all the sentences shall run concurrently.

[3] Genesis of the case of the prosecution can be traced back to the lodging of written ejahar by Smt. Baspi Sen (P.W.1) alleging, inter-alia, that she gave her daughter Smt. Souramita Sen (Shil) @ Bunti (since deceased) in marriage with the accused Ripan Kr. Shil, the accused person on 03.07.2017 and that after marriage i.e. after coming from 'Phirajatra' on 06.07.2017 her parents-in-laws and husband started torturing her both physically and mentally on dowry demand and that often her husband on the instigation of her parents-in-laws used to assault her demanding money and also used to send her to her paternal house. It is further alleged that at the time of marriage as per demand she gave Rs.50,000/- to the convict appellant along with motor bike and gold ornaments etc. and after one month of marriage paid Rs.10,000/- and Rs.20,000/- after five months to the accused persons but inspite of that degree of torture upon her daughter raised day by day.

[4] It is again alleged that often the parents-in-law of her daughter used to offer her kerosene oil to put herself on fire by pouring it and that on 05.02.2020 attempt was made to kill her daughter when in presence of her husband, her father- in-law throttled her and her mother-in-law assaulted her with a bamboo stick and that the matter of family discord was informed to Kakaraban Panchayet but the accused persons did not attend there and that on 22.04.2020 at around 11 a.m. the informant got information from Kakraban that her daughter was set on fire by pouring kerosene by her parents-in-law and husband and she was taken to Tepania Hospital and that immediately the informant along with her husband rushed to Tepania hospital and as her condition was serious she was referred to GBP Hospital, Agartala but 90% of the body of her daughter was burnt and she was struggling for survival. It is also alleged by the informant that the husband of her daughter was a gambler and often used to return home at 3/4am and at that time her daughter was having a male child of seven months, namely, Rupayan Shil.

[5] On receipt of the complaint, O/C Kakraban P.S. registered FIR No.28 of 2020 dated 22.04.2020 under Sections-498A/326/307 of IPC and Section-4 of the Dowry Prohibition Act and endorsed the case to WSI Madhabi Debbarma for investigation. The I/O on completion of investigation submitted charge-sheet dated 30.04.2021 against the accused person. The learned Chief Judicial Magistrate, Gomati District, Udaipur took cognizance of offenc