Advocates:
['Mr S B DEB', '', 'Mr S SARKAR', 'PP']

Page 1 of 10

HIGH COURT OF TRIPURA

AGARTALA

Crl. A. 22/2018

1. Sri Biplab Debnath

son of late Harilal Debnath, resident of Bsishnab Tilla,

P.S. Amtali, District- West Tripura

2. Smt. Jyotsna Debnath

wife of late Harilal Debnath, resident of Bsishnab Tilla,

P.S. Amtali, District- West Tripura

----Appellant-Petitioners

Versus

The State of Tripura

----Respondent

For Appellant(s)

:

Mr. S. Sarkar, Sr. Advocate

Ms. M. Paul, Advocate

For Respondent(s)

:

Mr. S. Debnath, Addl. PP

Date of hearing & delivery

of Judgment & Order

:

19.02.2021

Whether fit for reporting

:

Yes

HON’BLE MR. JUSTICE ARINDAM LODH

JUDGMENT(ORAL)

19/02/2021

Heard Mr. S. Sarkar, learned Senior Counsel assisted by Ms. M. Paul,

learned counsel for the appellant as well as Mr. S. Debnath, learned Additional PP

appearing for the State-respondent.

2.

Impugnment is the judgment and order of conviction and sentence

dated 07.09.2018 in connection with case No. S.T. (T-2) 28 of 2015 passed by the

learned Additional Sessions Judge, West Tripura, Agartala, Court no. 5, whereby

and where under the appellants were convicted and sentenced to suffer simple

imprisonment for 3 (three) years and to pay a fine of Rs. 1,000/- each for

committing offence punishable under Section 498-A of the IPC with default

stipulation.

3.

The prosecution case, as revealed in the trial, is that, on 02.08.2014 about six

years back out of love affairs the daughter of the informant Smt. Monti Debnath

got married with the appellant no.1 i.e. husband of the deceased. Later on, social

ceremony of marriage was solemnized jointly by both the families. The deceased

Page 2 of 10

was having her mother-in-law in her matrimonial home apart from the appellant

no.1. During their married life, the deceased was blessed with two female children.

Since after the birth of her daughter turbulence started in her matrimonial home.

The deceased was subjected to torture both by her husband as well as her mother-

in-law to bring money amounting to Rs. 50,000/- from her parents. The deceased

used to inform the fact of torture through mobile phone. Since 30.07.2014 both the

parents started physical assaulting the deceased continuously. On 31.07.2014, the

deceased informed the fact over telephone but, due to engagement in work of

others, the informant could not visit the matrimonial home of her daughter. Until

01.08.2014, the daughter of the informant was under continuous physical torture of

the appellants. Resultantly, as the torture became unbearable, she set ablaze herself

on 02.08.2014 at 1.00 pm by pouring kerosene oil and tried to commit suicide. On

getting the information, the informant rushed to the GBP hospital and found her

daughter with burn injuries. It was further alleged in the FIR that under pressure of

the appellants and for the peace of the family of her daughter, the informant paid

Rs. 25,000/- in cash during the last one year. Thereafter, the informant lodged the

FIR on the basis of which prosecution case was set in motion.

4.

Initially, the case was registered under Section 498-A/326 IPC against the

appellants. After registering the case, the officer-in-charge of Amtali police station

endorsed the case to women S/I Aparna Debnath for investigation. Later on, the

victim i.e. daughter of the informant succumbed to her burn injuries on 03.08.2014

and the case was registered under Section 498/306/34 IPC. During investigation,

the investigating officer (for short I/O) recorded the statement of the available

witnesses, seized the wearing apparels of the victim, visited the place of

occurrence, arranged for post-mortem examination and having found with the

materials, submitted charge-sheet being no. 148/2014 dated 24.11.2014 against

both the appellants under Sections 498/306/34 IPC.

5.

On receipt of the charge-sheet, and, being satisfied, the lear