DILIP NARAYAN DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Lodh, learned counsel and Mr. K. Saha, learned counsel appearing for the revision petitioners as well as Mr. S. Debnath, learned Spl. P.P. appearing for the state.

(2.) This revision petition has emerged out of the judgment and order dated 16.04.2019 delivered in Criminal Appeal No.12 of 2018 by the Sessions Judge, Khowai Judicial District Khowai. By the said judgment, the judgment and order of conviction and sentence dated 07.07.2018 delivered in PRC (WP) 51 of 2016 by the Sub- Divisional Judicial Magistrate, Khowai was affirmed substantively, however, with modification in the nature of imprisonment. Whereas the Sub-Divisional Judicial Magistrate awarded rigorous imprisonment for a period of thirty days, the said imprisonment has been converted to the simple imprisonment for the said period. There was no change in respect of award of fine. The revision petitioners being the convicts have preferred this petition questioning the said judgment. It would be appropriate to lay down the relevant fact in a brief manner to outline the perspective of the challenge.

(3.) The revision petitioners were accused of unlawful demand and for non-compliance thereof inflicting cruelty on the victim namely Sabita Dey (Deb), the wife of the revision petitioner No.1. In the complaint, it has been stated that on 10.10.2012, the marriage between the complainant and the revision petitioner No.1 had taken place and during the time of marriage gifts were given, even a cash of sum of Rs.20,000/- was realized from the father of the complainant. The complainant was happy in her marital life for initial three months. Thereafter unlawful demand to the extent of Rs.1,00,000/- was raised. As that money was not provided or paid, which according to the understanding of the complainant, was demanded for purchasing a vehicle inasmuch as her husband (the revision petitioner No.1) is by profession a driver. But since the father of the complainant did not provide the said sum in that financial situation the revision petitioner his parents and brother started torturing her for realizing the said demand. Failing to bear such torture, the complainant took shelter in her parental house. But, all on a sudden, the revision petitioner No.1 was found missing and thus a serious mental agony was brought on the complainant. They circulated a story that since the father of the complainant did not pay the said sum the revision petitioner No.1 left the earthly world. In that background, on 13.09.2015 at about 9 a.m., the complainant was closed inside a room and subjected to torture by the parents-in-law of the complainant. It has been also asserted in the complaint Exbt.1 that the said serious dispute was taken to the local Panchayat for an amicable resolution. But for the adamant attitude shown by the accused-persons, no reconciliation could take place.