NANDALAL ROY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application, under Sec. 397 read with Sec. 401 of Cr.P.C. is directed against the judgment and order dated 21.09.2012, passed by learned Addl. Sessions Judge, Dharmanagar, North Tripura, in Criminal Appeal No. 34/2012 whereunder the judgment and order of conviction and sentence, dated 26.07.2012, passed by learned Sub -Divisional Judicial Magistrate, Kanchanpur, North Tripura in Case No. GR 21/2011 was upheld.

(2.) Heard learned counsel, Mr. S. Kar Bhowmik for the accused -petitioner and learned Addl. P.P., Mr. R.C. Debnath for the State -respondent.

(3.) Prosecution case is that Smt. Namita Roy (P.W. 2) filed a written complaint before the S.D.J.M., Kanchanpur on 10.11.2010 alleging inter alia that her marriage was solemnized with the accused -petitioner Nandalal Roy in the month of March, 2001 and thereafter they lived and cohabited as husband and wife and two child were born out of their cohabitation. Her husband Nandalal Roy at the instigation of his father Manmohan Roy, used to inflict torture upon her on demand of Rs. 20,000/ - as dowry. When she expressed her inability to bring the amount from her parental house, the torture was increased. On 06.05.2010, both the accused persons physically tortured her on demand of Rs. 20,000/ - and thereafter her husband left her after conspiracy with her father -in -law. No maintenance was given to her. Thereafter being compelled she took shelter in her parental home on 04.10.2010.