UTTAM SARKAR Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) The instant revision petition is filed by the convict -petitioner, Sri Uttam Sarkar challenging the judgment dated 26.11.2011 passed by the learned Sessions Judge, North Tripura, Kailashahar (at present Unakoti District) in Criminal Appeal No. 11(3) of 2011 whereby and whereunder the learned Sessions Judge upheld the conviction under Sec. 417 IPC but modified the sentence from RI for one year and to pay fine of Rs. 5,000/ - i.d. to suffer RI for three months to RI for one year and to pay a fine of Rs. 10,000/ -, i.d. to suffer two months SI.

(2.) Heard Mr. S Bhattcharji, learned counsel for the petitioner and Mr. RC Debnath, learned Addl. PP for the State.

(3.) Prosecution case, in brief, is that the informant -prosecutrix had fallen in love with the convict -petitioner and the convict -petitioner assured her that he would marry her and on such assurance the prosecutrix started living with the convict -petitioner as husband and wife. Later, the convict -petitioner married the prosecutrix as per Reang customs. After marriage, the convict -petitioner demanded an amount of Rs. 50,000/ - as dowry. The parents of the victim being poor expressed their inability to meet the demands of the petitioner. As the demand of the convict -petitioner was not fulfilled, he wanted to marry again another woman and went away from the house of the victim. Thereafter, the informant -prosecutrix filed the case. The matter was investigated and charge sheet was filed. After a full trial learned trial court found the convict -petitioner guilty for commission of an offence punishable under Sec. 417 IPC and sentenced him to suffer RI for one year and to pay a fine of Rs. 5,000/ -, i.d. to suffer three months RI.