SUKUMAR GHOSH Vs. KALPANA DAS; STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application, under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 27.05.2006, passed by the learned Additional Sessions Judge, (Court No.4), Agartala, West Tripura in Criminal Appeal No.39(2) of 2004 where-under the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence dated 22.05.2004, passed by learned Addl. Chief Judicial Magistrate, West Tripura, Agartala, in case No. CR 1429 of 2002 under Section 498(A) of IPC.

(2.) Heard learned Sr. counsel Mr. A.K. Bhowmik for the accused-petitioner and Mr. R.C.Debnath, learned Addl.P.P., for the State-respondent. No representation on behalf of respondent No.1, i.e. the complainant.

(3.) The complainant Smt. Kalpana Das(Ghosh) set the law in motion by filing a complaint in writing before the Chief Judicial Magistrate, West Tripura, Agartala, on 30.03.2002 against the accused-petitioner Sukumar Ghosh and others alleging that her marriage with accused-petitioner Sukumar Ghosh was solemnized on 21st Agrahayan,1406 B.S. as per Hindu rites and ceremonies and in marriage her parents gave golden ornaments, utensils, beddings, a TV, cash Rs.1700/- and another Rs.1500/- for to and fro expenses etc. On the day of 'Bou-bhat' ceremony, her husband the accused-petitioner, expressed his annoyance about the articles given as dowry in the marriage and demanded more articles as dowry. He instructed her to bring more articles as dowry at the time of return journey ceremony. When she expressed her inability, the accused-petitioner started physical torture on her. Thereafter she informed the members of her parents' house about the demand of her husband and the inmates of her parents' house expressed their inability to meet the demand of her husband.