BIKASH DAS; KARUNA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant revision petition is filed by the petitioners, namely, Sri Bikash Das and Smt. Karuna Das challenging the judgment dated 28.05.2012 passed by the learned Addl. Sessions Judge, Court No.3, West Tripura, Agartala in Criminal Appeal No. 29(3) of 2011, whereby and wehreunder, the learned Addl. Sessions Judge upheld the conviction of the petitioners under Section 498(A) of the IPC read with Section 34 IPC passed by the learned SubDivisional Judicial Magistrate, Bishalgarh, West Tripura in G.R. 239 of 2007, wherein, the learned trial court convicted the petitioners under Section 498A read with Section 34 of the IPC but allowed them the benefit of Probation of Offender's Act and postponed the sentence for two years in view of the fact that victim lady was happily residing in her matrimonial house.

(2.) Heard Mr. AK Bhowmik, learned Sr. counsel assisted by Mr. R Dutta, learned counsel for the petitioners as well as Mr. RC Debnath, learned Addl. PP for the State.

(3.) The brief fact of the case is that the victim/complainant Shiuli Das filed an FIR on 05.03.2007 at Bishalgarh Police Station alleging that on 28.11.2005 she was married to accused Bikash Das, petitioner No.1 herein, as per the Hindu Social Rites and customs and during her marriage her father gave cash amount of Rs.30,000/-, gold ornaments, clothing, money for motor bike and other articles amount in total to Rs.2,50,000/- and after her marriage she went to her matrimonial house but after 15 days the accused petitioners started torturing the victim/complainant physically and mentally on demand of Rs.25,000/- and other valuable articles pressurizing her to bring the same from her father's house. The victim/complainant was also mentally tortured by saying that she is not beautiful and her complexion is dark. Being unable to bear the mental and physical torture and finding no other alternative, the victim/complainant took shelter in the house of her father.