HARISH CHANDRA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is a petition under Section 397 read with Section 401 of the Cr.P.C. questioning the legality of the judgment dated 22.06.2013 delivered in Criminal Appeal No.03(1) of 2013 by the Sessions Judge, South Tripura, Udaipur. By the said judgment dated 22.06.2013, the judgment of conviction dated 29.01.2013 as returned by the trial court, the court of the Judicial Magistrate(1st Class), Amarpur, South Tripura, in GR case No. 52 of 2011 has been upheld on dismissing the appeal filed by the petitioner herein.

(2.) Briefly stated the prosecution case is that the complainant Smt. Prativa Das(PW-2) is married to the petitioner and their marriage was solemnized on 17.07.2005. At the time of marriage there was exchange of gifts. But afterwards the petitioner started pressurizing the complainant to collect Rs.50,000/- for purchasing one motor bike from her parental house. On different dates the petitioner along with his relatives tortured the complainant on demand of cash for purchasing the motor bike. On 15.01.2012, the petitioner and others assaulted the complainant and on 02.02.2011 the petitioner brought one lady and directed the complainant to leave the house. Finally, the complainant approached the local Panchayat by filing a complaint on 16.03.2011. But no solution could be provided by the Panchayat.

(3.) On the basis of the written complainant received from the court of the Judicial Magistrate under Section 156(3) of the Cr.P.C., Birganj P.S. Case No. 21 of 2011 under Section 498A/34 of the IPC was registered and taken up for investigation. On completion of the investigation the final police report chargeshetting the petitioner was filed and on taking cognizance the charge was read out to the petitioner under Section 498 A/494 of the IPC. One Smt. Anjana Das was arraigned as the co-accused. Against her, the charge under Section 498 A of the IPC was also framed. Both the accused persons pleaded innocence and claimed to face the trial.