RAMJOY KUMAR REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Dutta, and Mr. A. Acharji, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned P.P. and Mr. J. Debbarma, learned counsel appearing for the State.

(2.) By means of this petition filed under Section 397 read with Section 401 of the IPC, the petitioner has challenged the judgment and order dated 27.04.2013 delivered in Criminal Appeal No. 46 of 2012 by the Addl. Sessions Judge, North Tripura, Dharmanagar whereby the judgment of conviction returned by the judgment dated 11.10.2012 by the Sub-Divisional Judicial Magistrate, Kanchanpur, North Tripura in case No. G.R. 35 of 2010 has been affirmed even without any modification in the sentence.

(3.) The prosecution case in brief is that on the basis of the ejhar received in terms of the order dated 07.06.2012 passed in exercise of power provided under Section 156(3) of the Cr.P.C. by the Sub-Divisional Judicial Magistrate, Kanchanpur, North Tripura, Kanchanpur PS Case No. 08 of 2010 under Section 498(A)/494/34 of the IPC was registered. From the FIR form, it is available that information was received on 01.02.2010. It is apparent from the complaint that the complaint was filed in the court of the SubDivisional Judicial Magistrate on 22.01.2010 disclosing that in order to obtain her consent for contracting the second marriage, the complainant PW-1, Mazirung Reang was severely assaulted by the petitioner. Sometimes their three daughters were subjected to physical and mental torture by the petitioner. The petitioner started physical torture, aided by the lady whom he brought as the second wife, on the complainant as well as on her three daughters.