SRI GOPAL DEBNATH, S/O LATE JAGADISH DEBNATH OF DURGABARI, P.S. AIRPORT, DISTRICT-WEST TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) NONE appears for the petitioner though the case is fixed for hearing. This is the third occasion that the case is fixed for hearing.

(2.) THE revisional application was filed in the year 2004 against the judgment and order of conviction and sentence, passed by learned Judicial Magistrate, 1st Class, West Tripura, Agartala dated 21.02.2004, in Case No. CR 2355 of 2002 and was affirmed by learned Addl. Sessions Judge, West Tripura, Agartala by judgment dated 26.08.2004, passed in Criminal Appeal No.16(1) of 2004.

(3.) THE brief fact is that the accused petitioner, Gopal Debnath married the complainant (respondent Putul Debnath) on 28th Falguna 1400 B.S., which corresponds to 13th of March, 1994, as per Hindu rites and ceremonies, and thereafter, they live and cohabited as husband and wife in different places. While the complainant, Putul Debnath was residing with the accused petitioner, she came to learn that her husband married another woman, namely, Sipra Debnath long before and her husband suppressed that fact before her. On her query, the accused petitioner told that it was a rumor but thereafter the complainant received summon from the Court of law in a case, filed by Sipra Debnath vide Case No. CR 718 of 1994 under Section 494 of IPC, and thereafter, her husband left her in her parental house. Her husband, the accused -petitioner, later on compromised the case with his first wife, Sipra Debnath. The complainant, thereafter, filed the criminal case before the Chief Judicial Magistrate, West Tripura, Agartala and learned Chief Judicial Magistrate transferred the case to the Court of learned Judicial Magistrate, who has taken up trial, and on conclusion of trial, by impugned judgment dated 21.02.2004, found the accused -petitioner guilty of committing offence punishable under Section 495 of IPC and sentenced him to suffer RI for three years and also to pay a fine of Rs.5,000/ -(rupees five thousand), in default, to suffer RI for six months.