NAYAN DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this petition under Section 397 read with Section 401 of the CPC, the petitioner has challenged the judgment and order dated 07.02.2015 delivered in Criminal Appeal No. 62 of 2014 whereby the judgment and order of conviction and sentence dated 16.10.2014 delivered in PRC 1011 of 2010 by the Judicial Magistrate, 1st Class, Agartala, West Tripura has been affirmed. The trial court convicted the petitioner under Section 323 of the IPC for causing hurt and sentenced him to suffer rigorous imprisonment for 1 (one) month and to pay a fine of Rs. 1000/- with default imprisonment.

(2.) In a nutshell, the prosecution case is that on 18.03.2007, the petitioner married one Rinku Sarkar as per Hindu rite and customs. After one year of their marriage, Rinku Sarkar, hereinafter the victim, was subjected to mental torture both physical and mental by her husband. On 14.09.2010 at mid night at about 02.00 hours, the petitioner assaulted her by thrashing against a concrete structure and resultantly the victim received injury on her head and was shifted to Mohanpur Community Health Centre [CHC in short] for her treatment. Based on the complaint filed by the victim to the Officer-in- Charge, Lefunga Police Station, Lefunga P/S Case No. 46/2010 under Section 498-A of the IPC was registered and taken up for investigation. Having completed the investigation, the investigating officer filed the final police report charge-sheeting the petitioner. On taking cognizance, the charge was framed under Section 498A of the IPC. For ensuring the attendance of the petitioner proclamation and attachment procedure were also resorted.

(3.) To substantiate the charge, the prosecution adduced as many as 6 (six) witnesses including the victim (PW-1) and one of the investigating officers, namely Satikanta Bardhan (PW-6) was examined. After examination of the petitioner under Section 313 of the Cr.P.C. and evaluating the evidence on record, the trial court has observed as under: