KRISHNA KANTA NAG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this revision petition, the judgment & order dated 02.07.2004 passed by the Judicial Magistrate, 1st Class, Udaipur, Tripura (S) in Case No. GR. 91/03 convicting accused Krishna Kanta Nag under Section 494 I.P.C and sentencing him to suffer 3 years Rigorous Imprisonment and to pay a fine of Rs. 5,000/- for the aforesaid offences as well as the judgment dated 15.10.2004 passed by the learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 23(3) of 2004, partly affirming the aforesaid judgment of the Trial Court have been challenged. I have heard arguments advanced by Mr. A.C. Bhowmik, learned senior counsel assisted by Mr. D.C. Roy, learned counsel, appearing for the revision-petitioner and Mr. R.C. Debnath, learned Special Public Prosecutor representing the State of Tripura.

(2.) The facts, leading to filing of this revision petition, in brief, are that one Smt. Ratna Nag was married by accused Krishna Kanta Nag on 10.09.1993 as per Hindu Rites and Customs and after the marriage, she started living with accused Sri Krishna Kanta Nag as husband and wife. However, their marriage soon ran into rough weather as accused Krishna Kanta Nag and other relatives started torturing on Smt. Ratna Nag demanding dowry. Worse still, they ultimately forced her to take shelter in her paternal house.

(3.) In the mean time, informant came to learn that accused Shri Krishna Kanta Nag again married one Smt. Supriti Nag (Sarkar) without obtaining consent from his first wife and started living with her as husband and wife as well. On the above allegations, a complaint was filed before the Chief Judicial Magistrate, South Tripura, Udaipur. It is learnt that learned Judicial Magistrate on invoking the power U/s 156 Cr.PC, forwarded the complaint to the O.C., R.K. Pur Police Station for doing needful in accordance with law.