SURESH DHANUK Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THE instant revision petition is filed by the appellant petitioner Sri Suresh Dhanuk, challenging the judgment dated 21.05.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 10(1) of 2005 affirming the order of conviction passed under Section 323 IPC by the learned Additional Chief Judicial Magistrate, West Tripura, Agartala in GR 854 of 2003

(2.) HEARD Mr. S. Sarkar, learned counsel appearing for the accused appellant petitioner as well as Mr. RC Debnath, learned Additional Public Prosecutor.

(3.) THE prosecution story in short, is as follows: That marriage of the informant Smt. Renu Dhanuk (PW -1) was solemnized with the appellant petitioner about 17/18 years back according to the social customs and after two years of their marriage the appellant petitioner started torture upon the informant (PW -1) both physically and mentally. It is also stated in the First Information Report that due to the wedlock, Renu Dhanuk gave birth to three daughters and one son and was compelled to leave the house of the appellant petitioner on 08.09.2003 to get rid of the torture. The aforesaid facts were reported to the Agartala Women PS on 10.09.2003 on the basis of which Agartala Women PS registered a specific police case being Agartala Women PS case No. 58 of 2003 under Section 498(A) of Indian Penal code. Upon investigation charge sheet was filed against the appellant petitioner under Section 498(A) IPC.