RAKESH DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition has been filed under Sec. 401 read with Sec. 397 of Cr.P.C. to examine the legality, validity, and propriety of the impugned judgment and order dtd. 14/1/2020 passed by the learned Sessions Judge, Sepahijala, Sonamura in Crl. Appeal No. 05 of 2019 wherein and whereby the learned Appellate Court has partly allowed the appeal and upheld the order of conviction and sentence dtd. 20/6/2019 passed by the learned Chief Judicial Magistrate, Sepahijala District, Sonamura in Case No. CR(C)14 of 2016 wherein the learned Trial Court convicted the petitioner under Sec. 498A of IPC and sentenced him to suffer RI for 3(three) years and pay a fine of Rs.10,000.00 and in default of payment, he is to suffer RI for 3(three) months.

(2.) The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that the victim filed an ejahar against the petitioner and his mother Smt. Parul Bala Debnath {i.e. Mother-in-law of the victim/Complainant} alleging that on 14/3/2011 her marriage was solemnized with the petitioner herein, Sri Rakesh Debnath as per social rites and customs. In her marriage, golden earring, golden ring, furniture sets, etc., were given by her parents. After her marriage, the victim/complainant stayed at her matrimonial house peacefully for about one and half years, and out of their wedlock, she gave birth to her daughter, namely, Papiya Debnath. After her birth, the accused persons often would misbehave with the complainant, and on 14/4/2013 with the ill advice of co-accused Smt. Parul Bala Debnath i.e. the mother-in-law of the victim/complainant, her husband asked the complainant to bring Rs.30,000.00 and one colour T.V. from her parent's house. The complainant expressed the inability of her parents to meet their demand for money and TV due to their poverty. On this issue, on 20/4/2012, her husband tortured her physically and mentally with the ill advice of the co-accused i.e. her mother-in-law. The petitioner herein that is the accused used to come home late at night in drunken condition and would assault her wife and co-accused, the mother-in-law used to keep the complainant and her daughter without food throughout the day. On her claim of food, she was harassed mentally and physically. Due to such assault and torture complainant often fell ill and she informed the matter to her parents. They visited her marital home and assured the accused persons to give the money amounting to Rs.30,000.00 and a colour T.V. later on. Despite such torture, the complainant continued to stay at her husband's house. It is also alleged that thereafter on 24/8/2015 both the accused persons had severely tortured her physically and mentally on the issue of their demand of money and colour T.V. and ousted her from their house telling her that unless their demand was fulfilled she would have no place in their house. Then being helpless, she took shelter at her parents' house with her minor daughter. It is also narrated by the complainant that she reported the last incident to the local elders, and then one meeting was held for settlement wherein the accused persons did not bring complainant and her daughter to their house. She being very poor due to financial crisis could not lodge the complaint in the Court in time for which delay occurred in lodging the complaint. Thereafter, the complainant registered a case before the learned Chief Judicial Magistrate, Sepahijla District, Sonamura bearing registration No. CR(C) 14 of 2016.

(3.) To prove the charge, the prosecution side examined six witnesses whereas the petitioners did not adduce any evidence in their defence. But both of them were examined under Sec. 313 of Cr.P.C. Their case was of total denial as is apparent from their answers to the questions asked under Sec. 313 of Cr.P.C.