LAWS(GAU)-2011-3-63

BIPLAB CHAKRABORTY Vs. STATE OF TRIPURA

Decided On March 16, 2011
BIPLAB CHAKRABORTY Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) The instant criminal appeal is filed by three Appellants namely, Sri Biplab Chakraborty, Smt. Maya Chakraborty and Smt. Sima Chakraborty challenging the judgment dated 09.04.2009 and the order of sentence dated 13.04.2009 in ST-13(ST/J)/2008 passed by the learned Sessions Judge, South Tripura, Udaipur convicting the Appellants under Sections 498A/304B IPC and sentencing the Appellant Biplab to suffer SI for 8 years for the offence committed under Section 304B IPC and further SI for 2 years for the offence committed under Section 498A IPC with a fine of Rs. 1,000/- , in default of payment of fine to suffer further RI for two months and sentencing the Appellants Maya and Soma to suffer SI for 7 years for the offence committed under Section 304B IPC and to suffer SI for 1 year for the offence committed under Section 498A with a fine of Rs. 500/- each and in default of payment of fine to suffer further SI for one month each. During the pendency of the appeal, Appellant No. 2 Smt. Maya Chakraborty expired. Now the instant appeal is for decision of the grievances of the Appellant Nos. 1 and 3, i.e. Sri Biplab Chakraborty and Smt. Maya Chakraborty.

(2.) Heard Mr. S Talapatra, learned senior counsel assisted by Mr. S Chakraborty, as well as Mr. I Banik, learned Counsel for the Appellants and Mr. A Ghosh, learned Addl. PP appearing for the State Respondent.

(3.) Prosecution case in brief is as follows: