SUDHANGSHU PAUL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. N. Majumder, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor along with Mr. J. Debbarma, learned counsel appearing for the State.

(2.) THIS is a petition under Section 397 read with Section 401 of the Cr.P.C. questioning legality of the judgment and order dated 29.09.2010 delivered in Criminal Appeal No. 16(3) of 2010 by the Sessions Judge, South Tripura, Udaipur(now Gomati, Tripura).

(3.) THE genesis of the prosecution is rooted in the complaint filed by one Shri Sankar Paul, PW -1, disclosing that on 13.06.08, at about 9.00 am his niece namely Ms. Beuty Paul came to his residence and informed that her mother consumed poison. Immediately he rushed to the house of his sister and came to know that his sister had expired. In that written ejahar he has also disclosed that after marriage, her sister was subjected to torture on unlawful demand of dowry. Based on the said written ejahar dated 13.06.08, R.K. Pur P.S. Case No. 163/2008 under Section 498(A)/306/34 of the IPC was registered and taken up for investigation. On completion of the investigation, the final police report was filed and thereafter observing all formalities the case was committed to the Court of Sessions Judge, South Tripura, Udaipur, as the offence under Section 306 of the IPC is exclusively triable by the Court of Sessions. The Sessions Judge, South Tripura, Udaipur in the course of time transferred the case to the Court of Assistant Sessions Judge, South Tripura, Udaipur for disposal in accordance with law. The Assistant Sessions Judge, South Tripura, Udaipur, framed the charge under Section 306/498(A) of the IPC against the petitioner to which the petitioner pleaded not guilty and claimed to face the trial.