MD. RAKESH MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant was charged under Section 498A of the IPC for committing cruelty against the victim namely Monalisa Sarkar, his wife on 15.08.2009 on unlawful demand and after trial the appellant has been convicted under Section 498A of the IPC by the judgment dated 18.02.2011 delivered in Case No.GR 416/09 by the Chief Judicial Magistrate, South Tripura, Udaipur now Gomati Judicial District, Udaipur and the appellant was sentenced in terms thereof to suffer rigorous imprisonment for a period of 3 (three) years and to pay fine of Rs.50000/- with default stipulation.

(2.) Being aggrieved, the appellant filed an appeal under Section 374(3) of the Cr.P.C in the court of the Session Judge, Gomati Judicial District, Udaipur being Crl. App. No.14(1) of 2011. By the judgment dated 17.12.2015, the appellate court determined the appeal upholding the conviction but reducing the sentence to 2 (two) years rigorous imprisonment with fine of Rs.10,000/- with default stipulation. Now the appellant has challenged the said judgment dated 17.12.2015 in this purported 'appeal' as according to him, the appellate court has perversely appreciated the evidence and even though the prosecution has failed to establish the charge beyond reasonable doubt, the finding of conviction has been returned.

(3.) There is no submission or explanation how this appeal is maintainable. Section 374 of the code of criminal procedure, the Cr.P.C., in short, provides that any person convicted on a trial held by a High Court in its extra ordinary original criminal jurisdiction may appeal to the Supreme Court or any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or any trial held by any other court in which a sentence of imprisonment for more than 7 (seven) years has been passed against him or against any other person convicted at the same trial may appeal to the High Court.