In Crl. A(J) 39/2023 vs The State Of Tripura
2023 Latest Caselaw 864 Tri

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                    HIGH COURT OF TRIPURA
                           AGARTALA
                          I.A. 1/2023
                      In Crl. A(J) 39/2023
Sri Ratan Debnath and ors.                                ----Applicant(s)
                                      Versus
The State of Tripura                                      ----Respondent(s)

For Applicant (s)        :      Mr. H. Debnath, Sr. Advocate
                                Ms. U. Chanda, Advocate
For Respondent(s)        :      Mr. Ratan Datta, PP

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
        HON'BLE MR. JUSTICE ARINDAM LODH
                               Order
12/10/2023

The lower court records have been received. The matter has been placed

today on the prayer for suspension of sentence through I.A. No. 1 of 2023 by

the appellants who are the husband, father-in-law and mother-in-law. All the

appellants have been convicted for the offence punishable under Sections 498-

A/304-B of the IPC vide impugned judgment of conviction and order of

sentence dated 24.08.2023 and 28.08.2023 respectively passed by the learned

Additional Sessions Judge, West Tripura, Agartala, Court No. 5. The appellants

have been sentenced to suffer rigorous imprisonment for 10 (ten) years each for

the offence punishable under Section 304-B of the IPC and also sentenced to

suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 5,000/-

each in default to suffer simple imprisonment for 2 (two) months for the

offence punishable under Section 498-A of the IPC,.

As per the prosecution case lodged by the informant-father (PW-4), the

deceased was tortured in her matrimonial home on demands of dowry and as a

result died unnatural death within 7 years of marriage. She was married in the

year 2012. The prosecution witnesses such as PW-4 (father), PW-5(mother),

PW-6 (sister-in-law) and PW-8 (sister) of the victim supported the prosecution

case of torture soon before her death on account of non-fulfillment of dowry.

However, an independent witness being the neighbour of the accused persons

(PW-9) was declared hostile. PW-10 identified the signature of the doctor who

conducted the post-mortem report who was on study leave at the time of

deposition. The post-mortem report is Exhibit-6. PW-14, Deputy Director of

SFSL has in his deposition opined that the samples 'A', 'B', 'C' and 'E' were

negative for pesticide like organochloro, organophosphorous.

The learned trial court after consideration of the prosecution witnesses, 2

(two) defence witnesses and the statement of the accused under Section 313

Cr.P.C. came to a conclusion that since the death occurred in the matrimonial

home within seven years of marriage with a preceding demand of dowry and

torture on non-fulfillment thereof, the accused persons have failed to offer any

explanation for the circumstances which caused the unnatural death to rebut the

presumption attached under Sections 113-B and in view of Sec 106 of the

Evidence Act. Relying upon the statements of the aforesaid prosecution

witnesses, the accused persons have convicted of the charges.

Learned PP has vehemently opposed the prayer for suspending the

sentence.

We have gone through the impugned judgment and also the materials on

the lower court record.

It appears therefrom that the allegations and material evidence brought

during trial are omnibus against all the accused persons. The deceased died

within two years of her marriage on 25th/26th March, 2014. The prosecution

witnesses i.e. PWs 4, 5, 6 and 8 are related witnesses, and their statements are

on similar lines. However, other prosecution witnesses such as PW-1 (brother

of the informant), PW-2 (an acquaintance of the informant) are hearsay

witnesses. The independent witness (PW-9) who was adduced by the

prosecution and is the neighbour of the accused persons has turned hostile.

Taking into consideration the materials on record and that the appellants

No. 2 and 3, father-in-law and mother-in-law, are elder citizens, we are inclined

to enlarge them on bail by suspending the sentence. However, we are of the

considered view that the appellant no. 1, being the husband, should not be

enlarged on bail at this stage in view of the materials placed on record and that

the deceased died in her matrimonial home in unnatural circumstances within

two years of her marriage.

Accordingly, the appellant/applicants No. 2 and 3 are allowed bail on

furnishing a bond of Rs. 10,000/- each with two surety each of the like amount

to the satisfaction of the learned Additional Sessions Judge, Court no. 5, West

Tripura, Agartala in connection with S.T.(Type-I) 29 of 2015. The appellants

No. 2 (Sri Manindra Debnath) and 3 (Smt. Manada Debnath) shall not change

their mobile number and address. They shall submit their Aadhar card and

mobile number before the learned trial court at the time of release.

The I.A. stands partly allowed and disposed of.

(ARINDAM LODH),J                                   (APARESH KUMAR SINGH), CJ




SAIKAT KAR
                 Digitally signed by SAIKAT KAR
                 Date: 2023.10.13 13:58:50
                 +05'30'