SHEFAL DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE petitioner who has been convicted for committing offence punishable under Section 498 -A of the I.P.C by the trial court, the Chief Judicial Magistrate, West Tripura, Agartala by the judgment dated 04.01.2010 delivered in case No. GR 505 of 2004 and affirmed by the appellate court, the court of the Addl. Sessions Judge, West Tripura, Agartala, No.3 by the judgment dated 22.09.2010 delivered in Criminal Appeal No. 05(1) of 2010 has questioned the said judgment of affirmation dated 22.09.2010 by filing this revision petition.

(2.) FOR purpose of appreciating the challenge as projected in this petition, the essential facts leading to the conviction, may be introduced at the outset: The petitioner married the victim, Anita Biswas (Debnath) as per Hindu Rites and Customs on 10.12.2001 and their marriage was registered by the Registrar, Hindu Marriages on 14.12.2001. Immediately after the marriage the victim subjected to cruelty on unlawful demand of Rs.1,00,000/ - to be brought from her father. Apart that, the victim was tormented by the cruelty when the petitioner indulged in physical relation with one woman, name withheld, who was the school mother of the school where the petitioner has been working. As the victim raised objection against such illicit relation, she was subjected to physical torture on various occasions. On 19.03.2002, the victim had to be hospitalized for the trauma she has received for physical torture. On 02.07.2002, her husband left the rented house leaving her alone. After waiting 15 -20 days in the rented house when the petitioner did not return, the victim had to take shelter in her parents' house at Taltala, Bordowali. The victim silently bore all such cruelty without making complaint as stated in the written ejahar with hope of change and rectification in the conduct of the petitioner and for a peaceful marital life but everything came to a halt when the petitioner filed a petition for dissolution of marriage by the decree of divorce being Title Suit (Divorce) FC/140/2004 on slapping wild allegations against her. The petitioner then disclosed the cruelty afflicted by the petitioner by filing a written ejahar. Based on the said written ejahar, Agartala Women P.S. Case No.43/2004 under Section 498 -A of the I.P.C. was registered on 15.08.2004 and taken up for investigation. On completion of the investigation, the final police report chargesheeting the petitioner under Section 498 -A of the I.P.C. was submitted. On taking cognizance, the charge under Section 498 -A of I.P.C. was framed against the petitioner. The petitioner pleaded innocence and claimed to face the trial.

(3.) IN order to substantiate the charge, the prosecution has adduced as many as 10(ten) witnesses including the victim (PW -1) and the Investigating Officer (PW -10). At the instance of prosecution, 5 (five) documentary evidences Exbt.1 to Exbt.5 have been introduced in the records of evidence. After recording the prosecution evidence, the petitioner was examined under Section 313 of the Cr.P.C. when he denied all the incriminating materials including unlawful demand or having found with another woman at the midnight etc. as false. Even though initially several adjournments were taken for leading evidence but later on, the petitioner did not adduce any evidence. On appreciating the evidence on record, the trial court, the Chief Judicial Magistrate, West Tripura, Agartala by the judgment dated 04.01.2010 delivered in case No. GR 508 of 2004 returned the finding of conviction under Section 498 -A of the I.P.C. holding that the prosecution has proved that the accused used to treat the victim with cruelty by physical torture on unlawful demand of bringing money and also that he has treated with further cruelty by maintaining an illicit relation with another woman openly.