Tripura High Court
The State Of Tripura vs Sri Nikhil Ch. Das on 14 October, 2020
Equivalent citations: AIRONLINE 2020 TRI 324
Author: Arindam Lodh
Bench: Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
CRL.A. NO.25 OF 2017
The State of Tripura.
Represented by Under Secretary,
Department of Home, Govt. of Tripura.
---- Appellant
Versus
1. Sri Nikhil Ch. Das,
S/o. Lt. Gobinda Das.
2. Shri Soumyamoy Das
S/o. Sri Nikhil Ch. Das.
3. Smt. Anita Das
W/o. Sri Nikhil Ch. Das.
All are resident of Aralia near Loknath Asram P.S. East
Agartala, Agartala, Dist. West Tripura.
----Respondents
For the Appellant(s) : Mr. Samrat Ghosh, Addl.P.P For the Respondent(s) : Mr. Raju Datta, Adv.
Date of hearing and delivery of
Judgment & Order : 14.10.2020
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE ARINDAM LODH
J U D G M E N T & O R D E R(ORAL)
Heard Mr. Samrat Ghosh, learned Addl.P.P., appearing for the appellant, the State of Tripura and Mr. Raju Datta, learned counsel appearing for the respondents.
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2. This is an appeal against acquittal. The facts of the case as elucidated by the learned trial Court are as follows:-
" Fact of the case as revealed from the Ejahar is that complainant Shri Gopal Mani Das lodged a complaint with the O.C. of Agartala Women P.S. on 18.8.2008 stating inter alia that there was long family relation between the family of the complainant and the accused persons namely, Nikhil CH. Das, his son Soumyamoy Das Alias Suman and his wife Smti. Anita Das. When the daughter of the complainant, namely, Misti Das was a student of class X, the parent of accused Soumyamoy Das gave marriage proposal of Soumyamoy with Misti and at that time Soumyamoy was a medical student of Madhyapradesh Jabbalpur Medical college and it was settled that after completion of medical course, marriage of Misti and Soumyamoy will be solemnized. During the intervening period there was constant communication between Misti and Soumyamoy over mobile phone and they also used to visit the house of each other and they also used to move different places at Agartala whenever Soumyamoy used to come to Agartala. In this way the relationship between both the families continued. In the mean time Misti passed her Part-1 examination in science stream and accused Soumyamoy became a doctor and joined his servie and the relationship between them became more strong. Thereafter, Misti informed the complainant that the parents of Soumyamoy demanded Rs.25,00,000/-, one Flat and one Car for the marriage of Soumyamoy and Misti since Misti could not became a doctor or engineer for which Misti became frustration. The complainant also came to know about the said fact from accused Nikhil Ch. Das. Accused Soumyamoy Das also informed Misti that he could not marry Misti against the will of his parents. Misit could not accept the situation and became frustrated she committed suicide on 9th August 2008, by consuming poison. It is also stated in the ejahar that since the mental condition of the complainant was not good, delay was caused in lodging the ejahar."
3. Based on that complaint, Agartala Women P.S. case No.129 of 2008 under Section 306/34 of IPC was registered against the respondents. The complaint was investigated and the investigating officer after conclusion of investigation submitted charge-sheet under Section 306/34 of IPC. Learned Sessions Judge framed charges against the respondents. During trial, prosecution examined as many as 10 witnesses and 16 documents were introduced to substantiate the charges. After conclusion of Page 3 of 5 recording of evidence, the respondents were examined under Section 313 of Cr.P.C.
4. Having heard the learned counsels appearing for the parties and after perusal of the evidence and other incriminating materials as surfaced in the course of trial, the learned Sessions Judge acquitted the respondents from the charges levelled against them. While acquitting the respondents, the learned Sessions Judge for taking a decision in the case had identified the following points:-
"(1) Whether the accused persons abetted commission of suicide by victim Misti Das on 9.8.2008?
(2) Whether the accused persons demanded dowry to solemnize the marriage of victim Misti with accused Soumyamoy Das?"
5. I have gone through the evidence on record. It is an admitted position that the deceased committed suicide by consumption of poison which is evident from the toxicological analysis. It is surfaced from the evidence of P.W.-1, Gopalmani Das (father of deceased-Misti), P.W.-2, Smti. Gopa Chakraborty (independent witness), P.W.-3, Shri Kalipada Sarkar (independent witness), P.W.-4, Shri Tapan Jyoti Malakar (independent witness), P.W.5, Smti. Pinki Paul (relative of the accused-persons), P.W.7, Smti. Tripti Das (mother of the deceased-Misti) and P.W.-8, Smti. Sayantika Das (sister of the deceased-Misti Das) that the deceased-Misti Das had died on 09.08.2008 due to consumption of poison. The aforesaid witnesses never adduce in their evidence Page 4 of 5 that the respondents had abetted the deceased in any manner what-so-ever to commit suicide. It is surfaced that there was love affair between the deceased-Misti and one of the respondent, namely, Soumyamoy Das but there is no evidence that said Soumyamoy Das had done any such act which forced the deceased to commit suicide.
6. It is settled law that to constitute abetment, intention and involvement of the accused to aid or instigate commission of suicide must be established beyond any reasonable doubt. Any severance or absence of any of these constituents would militate against said indictment. Remoteness of the culpable acts or omissions rooted in intention of accused to actualize the suicide would fall short of offence of abetment essential to attract Section 306 of IPC. Contiguity, continuity, culpability and complicity of the indictable acts or omission are concomitant indices of abetment. Section 306 IPC, thus criminalises sustained incitement for suicide [Gurucharan Singh Vs. the State of Punjab, (2017) 1 SCC 433].
7. After careful perusal of the evidence and materials on record, I do not find any such element in the conduct of the respondents which can connect them with the act of the deceased to end her life. Having held so, I don't find any infirmity in the judgement and order of acquittal passed by the learned Addl. Page 5 of 5 Sessions Judge, West Tripura, Agartala in connection with case No.ST(T-2) of 2015.
8. Accordingly, the State appeal being devoid of merit stands dismissed. The judgment and order of acquittal dated 31.08.2016 passed in connection with case No. ST(T-2) 02 of 2015 stands upheld and affirmed.
JUDGE suhanjit