BIJAN NATH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. A. Das Gupta, learned counsel appearing for the petitioner as well as Mr. A Ghosh, learned counsel appearing for the State.

(2.) THIS is a petition under Section 397 read with Section 401 of the Cr.P.C., questioning the legality of the judgment dated 28.05.2011 by the Addl. Sessions Judge, North Tripura, Dharmanagar, affirming the finding of conviction as returned by the trial Judge. It is to be noted that, by the judgment and order dated 28.05.2011, the sentence as was awarded by the trial court has been reduced from 2 1/2 years rigorous imprisonment with fine of Rs. 20,000, in default to suffer 6 months simple imprisonment for commission of offence under Section 498A of the I.P.C. to 1(one) year's rigorous imprisonment with fine of Rs. 10,000, in default to suffer 3(three) months rigorous imprisonment. The trial court, the court of the Assistant Sessions Judge, North Tripura, Dharmanagar, by the judgment dated 07.02.2011 delivered in ST No. 03 (NT/D) of 2010, arising out of G.R. No. 358 of 2009 and Dharmanagar P.S. Case No. 114 of 2009, has convicted the petitioner under Section 498A of the I.P.C., but acquitted him from the charge as framed under Section 306of the IPC. It is to be noted that the other co -accused were also acquitted from the charge.

(3.) BASED on the said written ezahar, Dharmanagar P.S. case No. 114 of 2009 under Sections 498(A)/306 of the I.P.C. was registered and was taken up for investigation. On completion of the investigation, the final police report under Section 173 of the Cr.P.C. has been filed against the petitioner, Sri Bijan Nath, his father, Sri Binode Behari Nath, his sister Smt. Purnima Nath and his mother Smt. Pramodini Nath under Sections 498A/306 of the IPC. Since the case was exclusively triable by the court of sessions, police papers were committed to the court of the Addl. Sessions Judge, North Tripura, Dharmanagar for trial. In the course of time, the case was transferred to the court of the Assistant Sessions Judge, North Tripura, Dharmanagar for conducting the trial in accordance with law. The Assistant Sessions Judge, North Tripura, Dharmanagar, hereinafter referred to as the trial court, framed the charge under Sections 498A/306 read with Section 34 of the I.P.C. against all the said accused persons. The petitioner and the said accused persons denied the charges and claimed to face the trial.