LAWS(TRIP)-2017-1-17

SRI HAREKRISHNA ROY CHOWDHURY Vs. SRI DEBDAS ROY CHOWDHURY

Decided On January 13, 2017
Sri Harekrishna Roy Chowdhury Appellant
V/S
Sri Debdas Roy Chowdhury Respondents

JUDGEMENT

(1.) Heard learned legal aid counsel, Ms. P. Sen for the petitioner and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(2.) This revisional application is directed against the judgment and order of conviction and sentence of accused-petitioner, Raju Das, passed by learned Addl. Sessions Judge, Court No.3, West Tripura, Agartala in Criminal Appeal No.8(1) of 2012, where-under the learned Addl. Sessions Judge found the accused CRL. petitioner guilty of committing offence punishable under Sec. 498A of Penal Code and sentenced him to suffer R.I. for three months and to pay a fine of Rs.2,000.00, in default of payment to suffer R.I. for another one month.

(3.) Prosecution case is that Smt. Bishakha Das, wife of the accused-petitioner lodged an FIR before O/C, East Agartala P.S. alleging that she was subjected to cruelty in the matrimonial home on demand of a dowry of Rs.25,000.00, and further she was subjected to cruelty with the allegation that she was ugly in looking and that after delivery of a female child she was again subjected to cruelty, and as a result she had to take shelter in her parental home. In the FIR the informant Bishakha Das made allegation against her husband Raju Das, father-in-law Chan Mohan Das, mother-in-law Puspa Rani Das and sister-in-law Swapna Rani Das. Police registered the case as Agartala Women P.S. Case No.58 of 2009 under Sec. 498A read with Sec. 34 of Penal Code and after investigation charge sheet was submitted against all the four FIR named accused persons.