SRI MANIK KAR AND SMT. MANJU KAR Vs. THE STATE OF TRIPURA, REPRESENTED BY ITS SECRETARY, GOVT. OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. D.C. Roy, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the state. This is a petition filed under Section 397 read with Section 401 of the Cr.P.C. against the judgment and order dated 25.03.2008 passed by the Addl. Sessions Judge, West Tripura, Sonamura in Criminal Appeal No. 5(1) of 2008, partly affirming the judgment and order of conviction and sentence dated 05.02.2008, delivered in G.R. No. 76/2004 by the Sub -Divisional Judicial Magistrate, Sonamura, whereby the petitioners were convicted under Section 498A of the IPC and sentenced to suffer SI for one year and to pay fine of Rs. 5,000 each, in default thereof to suffer SI for two more months. The petitioner No. 2 was also convicted under Section 498A read with Section 109 of the IPC and sentenced thereof, but the said conviction was interfered with and set aside by the Addl. Sessions Judge, West Tripura, Sonamura. Being aggrieved by that judgment and order, the present petition has been filed.

(2.) ON the complaint of Shilu Rani Saha (P.W. 3), Sonamura P.S. Case No. 21/2004 under Sections 498A/494/109 of the IPC was registered and taken up of investigation.

(3.) AFTER investigation, the charge -sheet was filed against the petitioners under Sections 498A/494/109 of the IPC and accordingly the charge was framed against the petitioners who denied the charge and claimed to face the trial.