SANTI SIINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant revision petition is filed by the petitioner Sri. Santi Sinha challenging the judgment dated 03.02.2010 passed by the learned Additional Sessions Judge, Kamalpur, North Tripura in Crl.A.No.12/2009 whereby and whereunder the learned Additional Sessions Judge upheld the conviction of the petitioner under Section 498A IPC passed by the learned Judicial Magistrate, 1st Class, Kamalpur in case No. GR 100/2008 and modified the order of sentence of simple imprisonment of 2 years and to pay a fine of Rs.5,000/- i.d. to suffer two months SI to one year RI and to pay a fine of Rs.25,000/-, i.d. to suffer six months SI.

(2.) Facts of the case, in short, are that the convict-petitioner married the complainant Barnali Sinha. After marriage, the petitioner started torturing upon the complainant-wife to fetch money and ornaments from her parental house. Complainant then left her matrimonial home and took shelter in her parental house. She waited for five years to go back to her matrimonial home after mitigating the dispute. But her husband and relatives refused to accept her as he has married again. Thus, she has filed the complaint against her husband and relatives. The said complaint was sent to the police for investigation and after investigation police filed charge sheet under Section 498 IPC.

(3.) Learned Judicial Magistrate, 1st Class, Kamalpur took cognizance and, thereafter, recorded evidence and on completion of trial convicted and sentenced the petitioner, as stated supra. Against the said order of conviction and sentence the petitioner preferred an appeal and the said appeal was partly allowed upholding the conviction and modifying the sentence, as stated supra.